The opinion
ACCEPTED
06-15-00035-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
8/21/2015 4:25:27 PM
DEBBIE AUTREY
CLERK
06-15-00035-CR
CAUSE NO. 06-15-00009-CR
FILED IN
CEDRICK CARLDWELL § 6th COURT
IN THE COURT OF APPEALS
OF APPEALS
TEXARKANA, TEXAS
§ 8/21/2015 4:25:27 PM
VS. § FOR THE SIXTH DISTRICT
DEBBIE AUTREY
§ Clerk
THE STATE OF TEXAS § OF THE STATE OF TEXAS
STATE'S FIRST MOTION TO EXTEND TIME
FOR FILING STATE’S BRIEF
THE STATE OF TEXAS, by and through the undersigned Assistant District
Attorney, respectfully moves the Court to extend the time for filing of the
Appellee’s Brief in accordance with Rule 10.5 of the Texas Rules of Appellate
Procedure. In support of its motion, the State respectfully offers the following:
1. The Appellee’s brief is due Monday, August 24, 2015, and I have not
completed it. This is the State’s first motion to extend time in this case.
2. The State seeks an additional 30 days, until Wednesday, September 23, 2015.
The undersigned will, nonetheless, attempt to complete and file the State’s brief
prior to the extended deadline.
3. The undersigned attorney is responsible for all post-conviction prosecution for
the Gregg County Criminal District Attorney’s Office, including direct appeals
and applications for habeas corpus, bond forfeitures and traffic citation appeals.
In the past 30 days the undersigned attorney has worked on the following:
A. Appellate brief s in three cases:
1. Waldroup v. State, 06-15-00062-CR, filed July 31, 2015.
2. Jackson v. State, 06-15-00036--CR filed Monday, August 17,
2015.
3. Alex v.State, 06-15-00054-CR, filed today August 21, 2015.
B. Responses to three habeas applications:
1. Ex parte Howard, 37568-A-H-3, filed July 29, 2015.
2. Ex parte Cline, 16,318-A-H-2, filed August 3, 2015.
3. Ex parte Compasano, 44,050 a-h-1 reviewed and returned for
noncompliance, August 4, 2015.
C. Response to motion for rehearing in Mallard v. State, 12-15-00012-
CR, filed on August 10, 2015.
4. In the next 30 days the undersigned attorney has briefing deadlines in the
following cases in addition to this one:
A. Habeas response for Tems, James Calvin, 31,687-B-H- ?
B. Response, if any, to PDR Schelling v. State, 43,049-B also due August
24, 2015.
5. Appellant relies on the following facts as good cause for the requested
extension: The undersigned attorney has completed three briefs, three
habeas responses, and a response to a motion for rehearing within the last
thirty days.
Additionally, I have not been able to read the reporter’s record in this case.
The copy held by the District Clerk was checked out by Clement Dunn
(Appellate Counsel to Cedrick Carldwell) and has not been returned, despite
two requests from the District Clerk at my behest. My email directly to
Dunn earlier today has gone unanswered, and his telephone voice mailbox is
full. The court reporter is on vacation. In order to give this brief the attention
it deserves, I must ask for an extension.
6. This extension is not requested for purposes of delay, but so that justice may
be done.
Respectfully submitted,
/s/Zan Colson Brown
Zan Colson Brown
Texas Bar No. 03205900
Assistant District Attorney
101 East Methvin St., Suite 333
Longview, TX 75601
Telephone: (903) 236–8440
Facsimile: (903) 236–3701
E-mail: zan.brown@co.gregg.tx.us
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above and foregoing has been
forwarded to all counsel of record by electronic transmission to:
Mr. Clement Dunn
140 E Tyler, Suite 240
Longview, Texas 75601
clementdunn@aol.com
This 21st day of August, 2015.
/s/ ZanColsonBrown
Zan Colson Brown
Assistant District Attorney