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 161 days from September 12, 2006, through February 20, 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 September 12, 2006. This is the first 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 v. Brame, A125784 (respondent's brief filed on 07/06/06); State ex rel DHS v. Diaz-Lopez, A131513 (respondent's brief filed on 07/11/06); State ex rel DHS v. Cain, A131436 (respondent's brief filed on 07/27/06 and oral argument presented on 08/07/06); State v. Lane, A120620 (oral argument presented on 07/31/06); State v. Knight, A122440 (oral argument presented on 07/31/06); State v. Crosby, 553295 (respondent's brief on the merits filed on 08/16/06 and oral argument presented on 09/07/06); State v. Bayot, A129670 (respondent's brief filed on 08/29/06); and Zottola v. Three Rivers School District and FDAB, S52944 (oral argument scheduled for 09/12/06).

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: September 12, 2006.

I certify that I directed the original Motion for Extension of Time to be filed with the State Court Administrator, Records Section, at 1163 State Street, Salem, Oregon 97301-2563, on September 12, 2006.

I further certify that I directed the Motion for Extension of Time to be served upon Brian P. Carr, pro se appellant, on September 12, 2006, 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