Bruce Wayne Harkey v. State ( 2015 )


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  •                                                                                               ACCEPTED
    03-14-00734-CR
    5670288
    THIRD COURT OF APPEALS
    AUSTIN, TEXAS
    6/15/2015 9:53:06 AM
    JEFFREY D. KYLE
    CLERK
    N O . 03-14-00734-CR
    BRUCE WAYNE HARKEY                    §         I N T H E C O U R T OF APPEALS
    FILED IN
    Appellant                                             3rd COURT OF APPEALS
    AUSTIN, TEXAS
    6/15/2015 9:53:06 AM
    VS.                                   §         THIRTEENTH       DISTRICT
    JEFFREY D. KYLE
    Clerk
    THE STATE OF TEXAS,
    Appellee                 §         A U S T I N , TEXAS
    C O R R E C T E D FIRST MOTION FOR E X T E N S I O N OF TIME
    T O F I L E APPELLEE'S BRIEF
    This motion is presented by the State of Texas, by and through the
    undersigned Assistant District Attorney, and in support would show:
    I.
    The brief for the State of Texas, Appellee, is due on June 15, 2015.
    11,
    The undersigned is solely responsible for all appellate and post-conviction
    matters in felony cases on behalf of the State of Texas for the 33""^ and the 424*"
    Judicial Districts which covers Burnet County, Llano County, Blanco County, and
    San Saba County. The undersigned is also solely responsible for all asset seizure
    Page 1 of 4
    and forfeiture matters within these four counties, including investigating and
    preparing Notice of Seizure and Affidavit, preparing and responding to discovery,
    summary judgment procedures, and trial proceedings.                 Additionally the
    undersigned is responsible for responding to all Public Information Act requests and
    for providing assistance and backup to the trial attorneys during trial preparation and
    during non-trial settings before the bench when needed. The undersigned has just
    completed and filed the Appellee's Brief in Case No. 03-15-00127-CR styled Aaron
    Joseph Hoes vs. The State of Texas. Further, the undersigned is presently involved
    in a very substantial Public Information Act request which has taken a large amount
    of time last week to organize and will take the majority of the present week to
    prepare the letter to the Office o f the Attorney General seeking permission to
    withhold various records and to prepare the letter to the Requestor providing the
    records that can be released.
    III.
    In this case Appellant raises four issues which are somewhat complex and will
    require substantial research.   While the undersigned has reviewed a substantial
    portion of the trial record and has reviewed a fair portion of Appellant's cited case
    opinions, the undersigned has a large amount of review and preparation still to
    Page 2 of 4
    complete. Considering all of the existing deadlines, the undersigned will need an
    additional 60 days to prepare and file the Appellee's Brief in this case. This is the
    first motion for extension of time that the State of Texas has sought in this case.
    PRAYER
    The State of Texas, in consideration of the facts and circumstances set forth
    herein above, prays the Court grant this motion and extend the due date for the
    Appellee's Brief to August 31, 2015.
    Respectfully submitted.
    OFFICE OF DISTRICT ATTORNEY
    33" and 424" JUDICIAL DISTRICTS
    Wiley B. McAfee, District Attorney
    P. O. Box 725
    Llano, Texas 78643
    Telephone         Telecopier
    (325) 247-5755    (325) 247-5274
    Assistant District Attorney
    State Bar No. 03353500
    ATTORNEY FOR APPELLEE
    Page 3 of 4
    C E R T I F I C A T E OF WORD C O U N T
    This is to certify that the pertinent portion of this brief contains 373 words
    printed in Aldine401BT 14 font according to the WordPerfect™ X7 word count tool.
    <::>-                            

Document Info

Docket Number: 03-14-00734-CR

Filed Date: 6/15/2015

Precedential Status: Precedential

Modified Date: 9/29/2016