ACCEPTED
12-14-00319-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
1/6/2015 12:25:54 PM
CATHY LUSK
CLERK
NO. 12-14-00319-CR
ON APPEAL FROM THE 159TH JUDICIAL DISTRICT COURTFILED IN
ANGELINA COUNTY, TEXAS 12th COURT OF APPEALS
TYLER, TEXAS
CAUSE NO. CR-22090 1/6/2015 12:25:54 PM
CATHY S. LUSK
TH Clerk
DEMETRIC LEWIS ALFRED § IN THE 12 COURT OF APPEALS
§
§ OF
vs. §
§
STATE OF TEXAS § TYLER, TEXAS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Demetric Lewis Alfred, Appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time to file
appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure,
and for good cause shows the following:
1. This case is on appeal from the 159th District Court of Angelina
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Demetric Alfred
Lewis, and numbered CR-22090. Appellant was convicted of Capitol Murder.
4. Appellant was assessed a sentence of Life in Texas Department of
Criminal Justice Institutional Division on October 15, 2001.
5. On March 3, 2013, Defendant filed a Motion for Post-Conviction DNA
Testing and asked that an attorney be appointed. On May 23, 2013 an attorney was
appointed.
6. On September 10, 2014, a Memorandum Regarding Forensic DNA
Testing was filed with the trial court. ON September 15, 2014, Defendant’s Motion
for Post-Conviction DNA Testing was denied.
7. Notice of appeal of was given on October 29, 2014.
8. The appellate brief was presently due on December 10, 2014.
9. Appellant requests an extension of time of forty-five (45) days from the
present date, i.e. December 10, 2014.
10. One extension to file the brief has been received in this cause prior to
current council being appointed.
11. Defendant is currently incarcerated.
12. Appellant relies on the following facts as good cause for the requested
extension:
Counsel was appointed to represent Defendant on December 12, 2014, two
days after the brief was due. Due to the complicated nature of this issue, counsel
will need additional time to review the records and prepare an adequate appeal of
the trial court’s ruling.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court grant this Motion to Extend Time to File Appellant's Brief, and for such other
and further relief as the Court may deem appropriate.
Respectfully submitted:
/s/John D. Reeves
____________________
John D. Reeves
Attorney at Law
1007 Grant
Lufkin, Texas 75901
Phone (936) 632-160
Fax: (936) 632-1640
tessabellus@yahoo.com
SBOT # 16723000
Counsel for Appellant
CERTIFICATE OF CONFERENCE
Pursuant to Tex. R. App. 10.1 (5), certify that I, the undersigned conferred
with opposing counsel who indicated that she does not oppose this motion.
/s/John D. Reeves
___________________________
John D. Reeves
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing Appellant’s
Motion to Extend Time to file Appellant’s Brief on this 6th day of January, 2015
forwarded to State’s Attorney, April Ayers-Perez, Assistant District Attorney,
Angelina County, by electronic service at aperez@angelinacounty.net.
/s/John D. Reeves
__________________________
John D. Reeves
Attorney for Appellant,
Demetric Lewis Alfred