ACCEPTED 14-15-00154-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 12/8/2015 10:41:27 AM CHRISTOPHER PRINE CLERK

No. 14-15-00154-CR FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS ANTHONY PLASTER § IN THE COURT OF APPEALS 12/8/2015 10:41:27 AM § CHRISTOPHER A. PRINE V. § 14TH JUDICIAL DISTRICT Clerk § THE STATE OF TEXAS § AT HOUSTON, TEXAS

APPELLEE’S MOTION TO EXTEND TIME TO FILE THE BRIEF

TO THE HONORABLE COURT OF APPEALS: Appellee asks the Court to extend the time to file its brief.

Introduction 1. Appellant is Anthony Plaster; Appellee is the State of Texas. No rule provides a deadline to file this motion to extend. See TEX. R. APP. P. 38.6(d). The Appellant is unopposed to this motion.

Argument and Authorities 2. The Court has the authority under Texas Rule of Appellate Procedure 38.6(d) to extend the time to file the brief. Appellant’s brief was filed on November 9, 2015. Appellee’s brief is due on December 9, 2015. Appellee requests 30 days to file its brief, extending the time until January 8, 2016. No prior extension has been granted to extend the time to file the Appellee’s brief.

3. Appellee request additional time to file its brief because the undersigned counsel has been finishing two other complicated briefs, with extensive records, that have deadlines close in time to the instant case.

Counsel has made a diligent effort to complete all briefs within the time designated by the rules. Counsel has been faced with a large end-of-the-year conclusion volume in his other cases as well. As a result, counsel will not be able to complete the brief by the current due date.

Prayer 4. For these reasons, Appellee asks the Court to grant an extension of time to file its brief until January 8, 2016.

Respectfully submitted,

/s/ Trey D. Picard _____________________________________ Trey D. Picard State Bar No. 24027742 Assistant Criminal District Attorney East Locust St., Suite 408A Angleton, Texas 77515 (979) 864-1233 (979) 864-1712 Fax [email protected] ATTORNEY FOR THE APPELLEE, THE STATE OF TEXAS

CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred, or made a reasonable attempt to confer, with all other parties, which are listed below, about the merits of this motion with the following results: Faye Gordon  opposes motion Attorney at Law  does not oppose motion E. Myrtle St. Angleton, Texas 77515  agrees with motion (979) 849-3330  would not say whether [email protected] motion is opposed  did not return my message Attorney for the Appellant regarding the motion /s/ Trey D. Picard ______________________________ Trey D. Picard Assistant Criminal District Attorney

CERTIFICATE OF SERVICE As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify that I have served this document on all other parties, which are listed below, on December 8, 2015: Faye Gordon By: Attorney at Law  personal delivery E. Myrtle St. Angleton, Texas 77515  mail (979) 849-3330  commercial delivery [email protected]  electronic delivery / fax Attorney for the Appellant

/s/ Trey D. Picard ______________________________ Trey D. Picard Assistant Criminal District Attorney