ACCEPTED

06-15-00074-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

10/26/2015 3:06:53 PM

DEBBIE AUTREY

CLERK

ORAL ARGUMENT WAIVED

CAUSE NO. 06-15-00074-CR AND FILED IN

6th COURT OF APPEALS

06-15-00075-CR TEXARKANA, TEXAS

10/26/2015 3:06:53 PM

IN THE DEBBIE AUTREY

Clerk

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________

GLENN EDWIN RUNDLES, Appellant

V.

THE STATE OF TEXAS, Appellee ____________________________________________________________

ON APPEAL FROM THE 6TH DISTRICT COURT; LAMAR COUNTY, TEXAS; TRIAL COURT NO. 25636 & 25637;

HONORABLE BILL HARRIS, JUDGE ____________________________________________________________ APPELLEE’S (STATE’S) MOTION TO EXTEND TIME TO FILE BRIEF ____________________________________________________________

Gary D. Young

Lamar County and District Attorney

Lamar County Courthouse

119 North Main

Paris, Texas 75460

(903) 737-2470

(903) 737-2455 (fax)

ATTORNEYS FOR THE STATE OF TEXAS

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CAUSE NO. 06-15-00074-CR AND 06-15-00075-CR

IN THE

COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA ____________________________________________________________

GLENN EDWIN RUNDLES, Appellant

V.

THE STATE OF TEXAS, Appellee ____________________________________________________________

ON APPEAL FROM THE 6TH DISTRICT COURT; LAMAR COUNTY, TEXAS; TRIAL COURT NO. 25636 & 25367;

HONORABLE BILL HARRIS, JUDGE ____________________________________________________________ APPELLEE’S (STATE’S) MOTION TO EXTEND TIME TO FILE 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

2 good cause shown below.

I.

On or about September 24, 2015, the appellant (Glenn Edwin Rundles) filed his brief in the above-styled and numbered cause. The appellee’s (State’s) brief is due on or before October 26, 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 cause numbers 25636 and 25637.

III.

On or about May 11, 2015, the appellant (Glenn Edwin Rundles) filed his notice of appeal in this Court. By electronic filing or about June 18, 2015, the District Clerk of Lamar County filed the Clerk’s Record. The official court reporter filed the Reporter’s Record on or about along with the exhibits on or about July 10, 2015.

The appellant filed his first motion to extend time to file his brief, which this Court granted on or about August 6, 2015. The appellant filed his second motion to extend time to file his brief, which this Court granted on or about September 15, 2015. The appellant then filed his brief on

3 September 24, 2015.

IV.

Since the filing of the appellant’s brief on September 24th, counsel for the appellee (State) had Grand Jury on October 8, 2015 and criminal dockets, including several MTR/MTAG hearings on October 9, 2015. Beginning on the week of October 19th, counsel for the appellee (State) had hearings and a plea-bargain docket on motions to revoke/adjudicate in the 6th Judicial District Court of Lamar County and arraignments/pre-trial dockets on October 20, 2015. Further a jury panel came in on October 21, 2015 for trial docket. Also on October 21, 2015, counsel for the appellee (State) had a Motion to Reduce Bond hearing in case numbered 26267 styled The State of Texas v. Carlos Bowden in the 6th District Court of Lamar County.

In addition to the criminal docket above, counsel for the appellee (State) was preparing and completing answers to writ styled Ex Parte: Charles Cox, Sr., Applicant – Cause No. 17501 HC-1 and Ex Parte: Jordan Toler, Applicant – Cause No. 24629 HC-1 which are due October 28, 2015.

Due to these circumstances, counsel for the appellee (State) was 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

4 is extended another thirty (30) days to November 25, 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. As the appellee, the State requests that an extension of time until November 30, 2015, because November 26 falls on the Thanksgiving holiday, 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 November 30, 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

6 STATE OF TEXAS § COUNTY OF LAMAR §

Subscribed and sworn to before me by Gary D. Young on this the 26th day of October, 2015, to certify which witness my hand and seal of office.

_____________________________

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 26th day of October, 2015 upon the following:

Don Biard

38 1st N.W.

Paris, Texas 75460

[email protected]

______________________________

GARY D. YOUNG

[email protected]

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