ACCEPTED
12-14-00145-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
1/5/2015 3:38:43 PM
CATHY LUSK
CLERK
NO. 31264
FILED IN
12th COURT OF APPEALS
STATE OF TEXAS S IN THE TYLER, TEXAS
$ 1/5/2015 3:38:43 PM
vs' $ 12th couRT CATHY S. LUSK
Clerk
$
DOUGLAS EUGENE MCNEILL $ OF APPEALS
ToTHEHONORABLEJUSTICESoFSAIDCoURT:
styled and
Now comes Douglas Eugene McNeill, Appellant in the above
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:
l.ThiscaseisonappealfromthethirdJudicialDistrictCourtof
Anderson CountY, Texas.
The case below was styled the sTATE' OF TEXAS
vs' Douqlas
2.
Eusene McNeill, and numbered 31264'
Substance' PG
3. Appellant was convicted of Possession of a Controlled
1<1gram.
of 15 months state Jail Division'
4. Appellant was assessed a sentence
TDCJ on 4109114.
5 . Notice of appeal was given on 5l08l14 '
6. The clerk's record was filed on 8l2ll14; the reporter's record was filed
on8l2ll14.
T.Theappellatebriefispresentlydueon1121061|4.
8. Appellant requests an extension of time from the present date, to
12123114.
g. One extension to file the brief has been received in this cause.
10. Defendant is currently free on bond'
1 1. Appellant relies on the following facts as good cause for the requested
extension:
On Friday, Novemb er 28,2014, the undersigned was advised that a case
set
for Jury Trial the following week, would not be reached' Therefore assumed
I
would have the entire week to complete this Brief. I attended a Trial
Announcement Docket on Monday, December 1't, aga1n it was
confirmed that the
show up for court
Curtis Ealy case would not be reached, in fact Mr. Ealy did not
court coordinator
that day and NISI was issued. I received a phone call from the
that Mr' Ealy had
approximately 10 o'clock on Tuesday, Decembet 2nd, advising
home and changing
shown up, we were now the number one case. After going
Tuesday afternoon' I
into proper attire, we selected a jury in the Ealy case that
preparing for Mr' Ealy's trial
then had to spend the bulk of the rest of that week
Ealy case disrupted
which began Monday, December Sth. The trial of the Curtis
my schedule to the point that I was unable to complete the brief by the 6th and
the court'
therefore I am requesting an extension to the date of receipt by
WHERBFORE, PREMISES CONSIDERED, Appellant prays that this
for
court grant this Motion To Extend Time to File Appellant's Brief, and
such
other and further relief as the Court may deem appropriate.
Respectfully submitted,
Wm. M. House, Jr., AttorneY at Law
800 North Church
Palestine, Texas 75801
Tel: (903) 723-2077
Fax: (903)723-6323
Wm. M. House, Jr.
State Bar No. 10045000
wmmhousej r@emb arqmail. com
Attorney for Douglas Eugene McNeill
CERTIFICATE OF SERVICE
This is to certif,i that on D la true and correct coPY of the
Office,
above and foregoing document was served on the District Attomey's
Anderson County, Texas, by personal delivery'
Wm. M. House,'Jr.
STATE OF TEXAS $
$
COUNTY OF ANDERSON $
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Wm. M. House, Jr., who after being duly sworn stated:
"I am the attorney for the appellant in the above numbered and
entitled cause. I have read the foregoing Motion To Extend Time to
File Appellant's Brief and swear that all of the allegations of fact
contained therein are true and correct'"
. House, Jr.
Affiant
SUBSCRIBED AND SWORN TO
to certifu which witness mY hand and
plic, State of Texas