Note: This motion is as received from the Oregon Attorney General. Page breaks have been moved slightly to avoid page splits in the middle of paragraphs. Hand written entries (signatures) are shown in italics and underlined.

IN THE COURT OF APPEALS OF THE STATE OF OREGON

Respondent moves this court for an extension of time of 70 days from February 20, 2007, through May l, 2007, within which to serve and file the respondent's brief in this case.

The Notice of Appeal in this case was filed on April 21, 2006. The respondent's brief is due on February 20, 2007. This is the second request for a time extension.

In support of this motion, I certify that this extension is requested on behalf of Christina M. Hutchins, the attorney assigned to this case. She has been unable to complete the respondent's brief because she has been working on the following cases: State ex rel DHS v. Sisson, A133330 (respondent's brief filed on 01/02/07 in a termination of parental rights case and oral argument presented on 01/22/07); State v. Hamilton, A127966 (respondent's brief filed on 01/04/07); State v. Burdick, A 127446 (respondent's brief filed on 01/09/07); State v. Powers, A130555 (respondent's brief filed on 01/17/07); State v. Kelsey, (respondent's brief filed on 01/22/07); State v. Williams, A131162 (respondent's brief filed on 01/24/07); State v. Jungket, A131470 (respondent's brief 01/26/07); State v. Zach, A132142 (respondent's brief filed on 01/20/07); State v. Patterson, A127171 (respondent's brief filed on 02/01/07); State v. Clapper, A 129610 (oral argument presented on 02/02/07); and State v. McElroy, A129058 (respondent's brief filed on 02/12/07).

Defendant presently is not incarcerated.

This case is not scheduled for oral argument.

We did not attempt to contact the opposing party who appears pro se in this matter.

DATED: February 20, 2007.

I certify that I directed the original Respondent's MOET - File Respondent's Brief to be filed with the State Court Administrator, Records Section, at 1163 State Street, Salem, Oregon 97301-2563, on February 20, 2007.

I further certify that I directed the Respondent's MOET - File Respondent's Brief to be served upon Brian P. Carr, pro se appellant, on February 20, 2007, by mailing a copy, with postage prepaid, in an envelope addressed to:

Brian P. Carr
11301 NE 7th St. Apt J5
Vancouver, WA 98684

Respectfully submitted, HARDY MYERS #64077 Attorney General JONATHAN H. FUSSNER #75126 Attorney-in-Charge Criminal Appeals Unit MARY H. WILLIAMS #91124 Solicitor General Attorneys for Plaintiff-Respondent