e l
DEC 2 7 2013
NO. 07-13-00142 SEVENTH COURT OFAPPEALS
PEGGY CULP, CLERK
JAMES SANCHEZ IN THE COURT OF APPEALS
Appellant
*
OF THE SEVENTH
vs. SUPREME JUDICIAL
*
DISTRICT OF TEXAS
THE STATE OF TEXAS *
Appellee *
AT AMARILLO, TEXAS
MOTION FOR EXTENSION OF TIME TO FILE
APPELLATE BRIEF
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW, the Appellant, and files this Motion for an Extension of Time in
which to file the Appellate Brief. In support of this motion, Appellant shows the Court the
following:
I.
On April 10,2013, the Jury found theAppellant guilty of the charge of Possession of
a Controlled Substance as alleged in the indictment in Cause No. 2011-432,865. On April
10, 2013. That same day the Jury made a special finding of use of a Deadly Weapon and
assessed punishment at Forty (40) years TDCJ-Institutional Division. On April 25, 2013,
the Appellant filed his Motion for New Trial. He filed his Notice of Appeal on April 30,
2013. The Appellant's Affidavit of Indigency was filed on May 7, 2013. The Trial
Court's Certification of the Defendant's Right to Appeal, was filed onApril 10, 2013. The
Clerk's Record was filed on August 7, 2013, and the Reporter's Record was filed on
September 9, 2013.
II.
The current deadline for filing the Appellate Brief is December 9, 2013. The
Appellant has a pending request to extend the filing deadline to December 23,2013, that has
not been acted upon.
III.
Attorney for the Appellant would further show the Court that he has been diligent in
preparing the appellate brief in this case.
IV.
On December 23, 2013, Appellant's Attorney was made aware that at least one trial
court in Lubbock County was refusing to conduct pre-trial hearings in case where certain
Lubbock Police Officers who are currently being investigated by the Lubbock Police
Department were likely to be called as witnesses at trial. Investigator Tony Williams is one
of those officers currently under suspension from the Lubbock Police force and the subject
of an internal investigation. All of the contraband admitted at the Appellant's trial was
originally located by Inv. Williams. His credibility is crucial to the State case as presented
to the Jury.
Attorney for the Appellant needs additional time to obtain and review evidence of a
type called for in Rule 10.2 of the Texas Rules of Appellate Procedure prior to submitting
either the Appellant's brief or a Motion to Abate this Appeal.
V.
Appellant's attorney would ask for an additional thirty (30) days from December 9,
2013, in order to properly research and prepare either the Appellant's brief or a Motion to
Abate this appeal.
WHEREFORE, Appellant prays the Court grant this Motion and extend the deadline
for filing the Appellate Brief to January 8, 2014.
Respectfully Submitted,
DA&ffiL J. WARRICK
Attorney at Law
P.O. Box 225
Lubbock, Texas 79408-0225
Telephone (806)762-6626
Facsimile (806)765-8585
SBN 20893515
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and forgoing Motion for
Extension of Time to File Appellate Brief has been mailed to the Appellant James Sanchez
TDCJ # 01855905, Coffield Unit, 2661 FM 2054, Tennessee Colony, Texas 75884 and sent
via email to Mr. Kollin Shadle, Appellate Division, Lubbock County Criminal District
Attorney's Office, on this 23rd day of December,
iL J. WARRICK
I L 1 •
"BafiielJfWarrick
Attorney at Law DEC 2 7 2013
.SEVENTH COURT. OF APPEALS
" •'" - 1272 Texas Avenue '•=''•'•''"' ""•": PEGGY'CULP'"CLERK
"."r"ft'.:::::;:: , ;/>aBox225: ' J••'.vv.1'^-.5
Lubbock, Texas 79408-0225
Telephone (806) 762-6626
Facsimile (806)765-8585
December 23, 2013 ' •' l" ' ^ • ' ' *' '
Ms. Peggy Culp, Clerk
Court of Appeals
P.O. Box 9540
Amarillo, Texas 79105
Re: Case No. 07-13-00142-CR, James Sanchez v. The State of Texas
in the Court of Appeals for the 7th District, of Amarillo, Texas
Dear Ms. Culp:
I haveenclosedthe Originalof the Appellant's Motion for ExtensionofTime to File AppellateBrief
for the above appeal. After filing, I request that you submit them to the Justices for their
consideration. •& •tSA,- j. ,yv • . ••.• •>,,,
Thank you for your assistancenomein-this: matter. ^Please-call'me,'if you have any questions.
^yyu^>•&
J. Warrick
DJW/cw
Enclosure as stated
cc: Mr. Kollin Shadle via e-mail
Mr.James Sanchez
TDCJ# 01855905
Coffield Unit
2661 FM 2054
Tennessee Colony, Texas 75884