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ORAL ARGUMENT REQUESTED

CAUSE NOS. 06-15-00038-CR, 06-15-00039-CR, 06-15-00040-CR 

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

____________________________________________________________

ROBERT BRICE DAUGHERTY, Appellant

V.

THE STATE OF TEXAS, Appellee

____________________________________________________________

ON APPEAL FROM THE 6TH DISTRICT COURT OF LAMAR COUNTY; 

TRIAL COURT NOS. 25928, 25958 & 25886;

HONORABLE WILLIAM HARRIS, JUDGE

____________________________________________________________

APPELLEE’S (STATE’S) MOTION TO 

EXTEND TIME FOR FILING BRIEF ____________________________________________________________

 Gary D. Young, County and District Attorney

 Lamar County and District Attorney’s Office

 Lamar County Courthouse

 119 North Main

 Paris, Texas 75460

 (903) 737-2470

 (903) 737-2455 (fax)

 ATTORNEYS FOR THE STATE OF TEXAS

ORAL ARGUMENT REQUESTED

ACCEPTED

06-15-00038-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

6/12/2015 12:57:10 PM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 6/12/2015 12:57:10 PM DEBBIE AUTREY Clerk
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CAUSE NOS. 06-15-00038-CR, 06-15-00039-CR, 06-15-00040-CR

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA

____________________________________________________________

ROBERT BRICE DAUGHERTY, Appellant

V.

THE STATE OF TEXAS, Appellee

____________________________________________________________

ON APPEAL FROM THE 6TH DISTRICT COURT OF LAMAR 

COUNTY; TRIAL COURT NOS. 25928, 25958 & 25886;

HONORABLE ERIC CLIFFORD, JUDGE

____________________________________________________________

APPELLEE’S (STATE’S) MOTION TO 

EXTEND TIME FOR FILING BRIEF ____________________________________________________________

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, the State of Texas, by and through Gary D. Young, the 

elected County and District Attorney of Lamar County, Texas and the Lamar 

County and District Attorney’s Office, respectfully submits this Motion to 

Extend Time to File Brief under Tex. R. App. P. 10 and 38. The State of 

Texas moves this Court pursuant to the Texas Rules of Appellate Procedure 

for an extension of time in which to file the Appellee’s (State’s) Brief upon
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good cause shown below.

I.

On May 15, 2015, Robert Brice Daugherty (Daugherty), the appellant, 

filed his brief for purposes of cause numbers 06-15-00038-CR, 

06-15-00039-CR, 06-15-00040-CR. As the appellee, the State’s brief is 

currently due on or about June 15, 2015.

This motion to extend time seeks an additional thirty (30) days for the 

State to file its brief.

II.

This is an appeal from the 6th Judicial District Court of Lamar County, 

Texas. In the District Court, the cause numbers were 25928, 25958 and 

25886.

III.

On or about February 19, 2015, the appellant filed his notice of appeal 

in this Court. The official court reporter filed the Reporter’s Record on or 

about March 31, 2015. The district clerk filed the Clerk’s Record on or 

about April 14, 2015.

The appellant, Daugherty, filed his brief on May 15, 2015.

IV.
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The present deadline for filing the appellant’s (State’s) brief is 

Monday, June 15, 2015. Since the filing of the appellant’s brief on May 15, 

2015, counsel for appellant (State) was preparing the brief in cause number 

06-15-00037-CR styled The State of Texas v. Erica Lynn Fuller in the Sixth 

Court of Appeals at Texarkana (filed on June 5, 2015).

In addition to the brief in the Fuller appeal, counsel for the appellee 

(State) had criminal dockets, including the preparation for a jury trial during 

the last week of May, 2015 in cause number 25874 styled The State of Texas 

v. Mark Record and cause number 25936 styled The State of Texas v. Terry 

Glasgow in the 6th Judicial District Court of Lamar County. On Friday, 

May 29th, the jury trials were canceled because all cases were granted 

continuances. On June 2nd, counsel for the appellee (State) selected a jury 

for a juvenile case, in which, the defendant was charged with murder. 

Afterwards, counsel for the appellee (State) was preparing cases for the 

grand jury, which was on June 11, 2015. Beginning on Monday, June 15th, 

counsel for the State (appellee) had jury selection in cause number 26131 

styled The State of Texas v. Brandon Jones and in cause numbers 24928 and 

24929 styled The State of Texas v. Derrick Smith in the 6th Judicial District 

Court of Lamar County.

Due to these circumstances, counsel for the appellant (State) was 
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unable to complete the research necessary to prepare the brief in this 

appellate cause, thus necessitating this request for an extension of time. 

Insufficient time now remains to complete Appellee’s Brief, but, if the time 

is extended another thirty (30) days to Wednesday, July 15, 2015, the State 

will have sufficient time for completion with the time as extended.

V.

The purpose of this motion is not for delay, but so that justice may be 

had by all parties. Appellee requests that an extension of time until 

Wednesday, July 15, 2015 be granted for the filing of Appellee’s Brief, or 

until such time as this Court deems appropriate.

WHEREFORE PREMISES CONSIDERED, the State of Texas prays 

that upon final submission of this motion to this Court’s motion docket, this 

Court grant the State’s Motion to Extend Time to File Its Brief in its entirety 

and grant the State of Texas an additional thirty (30) days in which to file its 

brief on or before Wednesday, July 15, 2015, or until such time as this Court 

deems appropriate; and for such other and further relief, both at law and in 

equity, to which it may be justly and legally entitled.
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Respectfully submitted,

Gary D. Young

Lamar County & District Attorney

Lamar County Courthouse

119 North Main

Paris, Texas 75460

(903) 737-2470

(903) 737-2455 (fax)

By:________________________________

Gary D. Young, County Attorney

SBN# 00785298

ATTORNEYS FOR STATE OF TEXAS

VERIFICATION

STATE OF TEXAS §

§

COUNTY OF LAMAR §

BEFORE ME, the undersigned authority, on this day personally 

appeared Gary D. Young, who after being duly sworn stated:

I am the attorney representing the Appellee in the above-styled 

and numbered appellate cause. I have read the foregoing 

Motion to Extend Time to File Appellee’s Brief and the facts 

and allegations contained are known to me and they are true 

and correct to the best of my knowledge.

_____________________________

Gary D. Young
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SUBSCRIBED AND SWORN TO BEFORE ME on the 12th day of 

June, 2015, to certify which witness my hand and official seal.

 

 Notary Public, State of Texas

CERTIFICATE OF SERVICE

This is to certify that in accordance with Tex. R. App. P. 9.5, a true 

copy of the “Appellee’s (State’s) Motion to Extend Time for Filing Brief has 

been served on the 12th day of June, 2015 upon the following:

Don Biard

McLaughlin, Hutchison & Biard

38 First Northwest

Paris, TX 75460

______________________________

GARY D. YOUNG

gyoung@co.lamar.tx.us