ACCEPTED
06-14-00172-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
1/8/2015 4:08:23 PM
DEBBIE AUTREY
CLERK
NO. 06-14-00172-CR
FILED IN
6th COURT OF APPEALS
STATE OF TEXAS § IN THE TEXARKANA, TEXAS
§ 1/9/2015 8:32:00 AM
VS. § SIXTH COURT DEBBIE AUTREY
§ Clerk
GERALD MAC LOWREY § OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Gerald Mac Lowrey, 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 Sixth Judicial District Court of Lamar
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Gerald Mac
Lowrey, and numbered 25492.
3. Appellant was convicted of Theft of material, aluminum or copper or
bronze or brass, less than $20,000.00.
4. Appellant was assessed a sentence of two (2) years State Jail Division,
TDCJ, probated for five (5) years on August 6, 2014.
5. Notice of appeal was given on August 12,2014.
6. The clerk's record was filed on November 13, 2014; the reporter's
record was filed on December 9,2014.
7. The appellate brief is presently due on January 8, 2015.
8. Appellant requests an extension of time of 30 days from January 8,
2015.
9. No extension to file the brief has been received in this cause.
10. Defendant is currently free on bond.
11. Appellant relies on the following facts as good cause for the requested
extension:
Appellant's attorney has had hearings in the following cases on the dates
indicated:
In the Interest ofE.C. a child (CPS case) in the Lamar County Court at Law
12/9/2014
Howe v. Lester, in Lamar County, Texas Justice Court, Precinct 5, Place 2
12110/2014
Child Protective Services Docket, in the Lamar County Court at Law
12116/2014
Child Protective Services Docket, Sixth District Court of Lamar County,
Texas. 12/17/2014
In the Interest ofR.W., a Child, in the Lamar County Court at Law
12/30/2014
In the Interest ofR.W., a Child, in the Lamar County Court at Law
1/2/2015
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,
Gary L. Waite
104 Lamar Ave.
Paris, Texas 75460
(903) 785-0096
(903) 785-0097
By:-7/"---""-L..----rL..JI--I'--IL--....L..--'---------
-Gary L.
State Ba o. 20667500
garywaite@sbcglobal.net
Attorney for Gerald Mac Lowrey
CERTIFICATE OF SERVICE
This is to certify that on January 6, 2015, a true and correct copy of the
above and foregoing document was served on the County Attorney's Office, Lamar
County, 119 N. Main, Paris, Texas 75460, by personal delivery.
STATE OF TEXAS §
§
COUNTY OF LAMAR §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Gary L. Waite, 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."
/GaryL.
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on l -l.c:,. - ,2015,
to certify which witness my hand and seal of office.
~ x
..J2-- 'lP= H .....J;-
Notary Public, State of Texas