ACCEPTED
03-14-00525-CR
3703907
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/8/2015 4:27:13 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00525-CR
FILED IN
ELIAS SHAWN BIHL 3rdOF
IN THE COURT COURT OF APPEALS
APPEALS
AUSTIN, TEXAS
1/8/2015 4:27:13 PM
VS. THIRD DISTRICT
JEFFREY D. KYLE
Clerk
STATE OF TEXAS OF TEXAS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes ELIAS SHAWN BIHL, 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 340TH Judicial District Court of TOM
GREEN County, Texas.
3. The case below was styled the STATE OF TEXAS vs. ELIAS
SHAWN BIHL, and numbered C-13-0631-SA.
4. Appellant was convicted of Aggravated Assault with a deadly
weapon, second degree felony enhanced to habitual.
5. Appellant was assessed a sentence of Thirty (30) years confinement in
the Institutional Division of the Texas Department of Criminal Justice on May 20,
2014.
6. Notice of appeal was given on August 15, 2014.
7. The clerk's record was filed on December 10, 2014; the reporter's
record was filed on October 9, 2014.
8. The appellant's brief is presently due on January 9, 2015.
9. Appellant requests an extension of time of 60 days from the present
date, which would make the brief due on March 10, 2015.
10. No extension to file the brief has been received in this cause.
11. Defendant is currently incarcerated.
12. Appellant relies on the following facts as good cause for the requested
extension:
During the time period allotted for preparing Appellant's brief, Counsel for
Appellant had a vacation letter on file for the courts that he commonly practices in,
said letter is attached.
Further, Counsel for the Appellant has recently been appointed on an
accelerated appeal which will involve a lengthy reporter's record. Counsel
requires additional time to obtain those materials and complete Appellant's brief,
and submits that a sixty (60) day extension would provide sufficient time to obtain
the materials and complete the brief in this matter.
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,
Ellis & Mock, PLLC
125 South Irving Street
San Angelo, Texas 76903
Tel: (325) 486-9800
Fax: (325) 482-0565
By: /s/ Justin S. Mock
JUSTIN S. MOCK
State Bar No. 24064155
Attorney for ELIAS SHAWN BIHL
CERTIFICATE OF CONFERENCE
This is to certify that on January 8, 2015, I conferred with Mr. Jason
Ferguson, Assistant District Attorney, District Attorney's Office, Tom Green
County, and he was not opposed to this request.
/s/Justin S. Mock
JUSTIN S. MOCK
CERTIFICATE OF SERVICE
This is to certify that on January 8, 2015, a true and correct copy of the
above and foregoing document was served on the District Attorney's Office, Tom
Green County, Mr. Jason Ferguson, by facsimile transmission to 325-658-6813.
/s/ Justin S. Mock
JUSTIN S. MOCK
STATE OF TEXAS
COUNTY OF TOM GREEN
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
JUSTIN S. MOCK, 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."
/s/ Justin S. Mock
JUSTIN S. MOCK
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on January 8, 2015„ to
certify which witness my hand and seal of office.
/s/ Linda Robles
Notary Public, State of Texas
ELLIS & MOCKPLLC
Attorneys and Counselors at Law
125 S. Irving
San Angelo, Texas 76903
Tel (325) 486-9800
Fax (325) 482-0565
Per facsimile
October 16, 2014
Tom Green County District Court Administrators
Tom Green County Courthouse
112W. Beauregard
San Angelo, Texas 76903
Re: Vacation
Dear Ladies:
Please be advised that Justin Mock will be on vacation from December 19, 2014-January
2, 2015. Please do not set any of his cases for hearing during said dates.
If you have any questions, please do not hesitate to contact us.
Thanking you for your consideration, I remain
Sincerely,
Linda C. Robles,
Legal Assistant to
Justin Mock
/kr
xc: County Court at Laws
xc: District Clerk of Runnels County
xc: County/District Clerk of Sutton County
xc: County/District Clerk of Crockett County
xc: County/District Clerk of Menard County
xc: County/District Clerk of Upton County
xc: County/District Clerk of Schleicher County
xc: District Clerk of Concho County
xc: District Clerk of Taylor County