Jonathan David Toney v. State

In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-13-00061-CR JONATHAN DAVID TONEY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 5th District Court Cass County, Texas Trial Court No. 2011F00199 Before Morriss, C.J., Carter and Moseley, JJ. ORDER Jonathan David Toney appeals from his conviction of two counts of sexual assault of a child and one count of indecency with a child by touching. The clerk’s record was filed June 17, 2013, and the reporter’s record was filed August 16, making the appellant’s brief due September 16. Appellant’s counsel filed two motions to extend the briefing deadline, which were granted, resulting in the current due date of November 6. Counsel has now filed a third motion to extend seeking an additional thirty-day extension of the briefing deadline. We have reviewed counsel’s third motion to extend time as well as the appellate record, and we find no compelling information to convince us that this brief requires more time to prepare. The motion to extend time to file appellant’s brief is overruled. We order counsel to file appellant’s brief with this Court on or before December 6, 2013. IT IS SO ORDERED. BY THE COURT Date: November 13, 2013 2