ACCEPTED
03-14-00734-CR
3608753
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/29/2014 5:32:54 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00734-CR
FILED IN
In The Third Court of Appeals 3rd COURT OF APPEALS
AUSTIN, TEXAS
Austin, Texas 12/29/2014 5:32:54 PM
JEFFREY D. KYLE
Clerk
BRUCE WAYNE HARKEY
Appellant
v.
THE STATE OF TEXAS,
Appellee
Cause no. CRS 7 31
On Appeal from the 33rd Judicial District Court of Llano County,
Llano, Texas
MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellant, Bruce Wayne Harkey, pursuant to Rule 10.5 of the Texas Rules
of Appellate Procedure, by and through his attorney of record, requests an
extension of time to file appellant's brief, and in support thereof would show the
court the following:
1_The reporter's record was filed on December 1, 2014. The clerk's record was
filed on November 17, 2014.
2_Under the court's briefing schedule, the appellant's brief is currently due on
January 5, 2015.
3_The Court Reporter's Record exceeds ten (10) volumes oftestimony and the
trial before the jury was approximately one and one-half week in duration.
More than 100 exhibits were admitted.
4_The undersigned attorney has an extensive trial practice, both civil and
criminal. Further, the undersigned counsel has numerous and regular court
appearances consisting of motions to revoke and suppression hearings.
Likewise, the undersigned is preparing for several jury trials which are subject
to being tried within the following sixty (60) days.
5_ In order to prepare a brief that will be of assistance to the Court, the
undersigned seeks a 60-day extension of time to file its appellant's brief, so
that the briefwill be due on March 6, 2015.
6_This is the first request for an extension of time to file Appellant's brief. This
extension is not sought solely for delay, but is necessary so that justice can be
done.
For these reasons, Appellant respectfully requests that the Court grant this
motion to extend the time for filing Appellant's brief and allow that brief to be
filed on or before March 6, 2015. Appellant also requests any other relief to
which it may be entitled.
Respectfully submitted,
~
111 E. Jackson Street
PO Box 398
Burnet, Texas 78611
(512)756-5117
(512) 756-0164 Fax
State Bar No. 05537100
Email: rdd@austin. twcbc.com
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion for Extension of
Time to File Appellant's Brief has been hand delivered, or sent by U.S. mail, certified
return receipt requested, or transmitted by telephonic transfer to the counsel for the State,
Gary W. Bunyard, of the Office of the District Attorney of Llano County, P.O. Box 725,
Llano, Texas 78643; on this th~ 1~day of J) e_ c..~~, 2014.
RICHARD D. DAVIS
CERTIFICATE OF CONFERENCE
The undersigned by his signature below certifies that the District Attorney's Office of the
33RD Judicial District has been contacted and that this motion i