ACCEPTED
06-16-00067-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
8/15/2016 5:36:32 AM
DEBBIE AUTREY
CLERK
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
06-16-0006 7-CR FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
8/15/2016 5:36:32 AM
DEBBIE AUTREY
Clerk
MICHAEL ALAN HODGES
vs.
THE STATE OF TEXAS
MOTION FOR LEAVE TO FILE LATE APPELLANT'S BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW, Appellant and files this motion and request for an
e>..tension of time to file his brief and would show unto the Court the
fo llowing:
Court below: 54th District Court
Cause number below: No 2014-1 486-C2
Date Petition for Discretionary
Review refused: NA
Present deadline for filing Appellant's Brief: August 12, 2016
Days requested by this extension: 3 days
Date to which extension is requested: August 15, 2016
Number of extensions previously granted: 4
Hodges, Michael 1
I.
The Appellant's request is based upon the following reasonable
explanation of the need for additional time, within the personal knowledge
of Charles W. McDonald, the attorney signing this motion, Pursuant to TEX.
R. APP. PROC. 10.5(b), namely:
II.
Counsel had gone through the record several times and had put
together a detailed Anders brief. Upon checking one last area of concern,
counsel discovered during final proofing a potential charge error. Counsel is
extremely reticent and loath to ever file an Anders brief. Thankfully, it
turned out, upon further research, that the error was viable and not frivolous.
Consequently, counsel had to completely rewrite the brief. The error was
discovered Friday evening. The new brief is being filed along with this
motion.
III.
Appellant requests that the Comt grant this motion and extend the
time and deadline for the filing of appellant's brief as asked for, or the Court
grant such additional time as is just and proper, and accordingly, Appellant
so prays.
Hodges, Michael 2
Respectfully submitted,
ls/Charles W McDonald
Charles W. McDonald
2024 Austin A venue
Waco, Texas 76701
Phone: (254) 752-9901
Fax: (254) 754-1466
SBOT No. 13538800
Email: ringwraith 1cwm@aol.com
SWORN TO by Charles W. McDonald on this l 51h day of August, 2016.
JOEDON SAM DELANEY
Notary ID ti 12U55970
My Comml11lon Expires
February 8, 2020
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a t rue and correct copy
of this brief was served electronically on the 15t h day of August,
2016 to: counsel for the State, Sterling Harmon,
sterling.harmon@co.mclennan. tx. us.
ls/Charles W McDonald
Charles W. McDonald
Hodges, Michael 3