ACCEPTED
03-14-00656-CR
5034324
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/27/2015 6:36:27 AM
JEFFREY D. KYLE
CLERK
NO. 03-14._00656-CR
Ron Fuson FILED IN
§ INTHE 3rd COURT OF APPEALS
§ AUSTIN, TEXAS
Vs. § 3rd COURT 4/27/2015 6:36:27 AM
State of Texas JEFFREY D. KYLE
§ Clerk
§ OF APPEALS, Austin, Texas
APPELLANT'S MOTION TO EXTEND TIME TO FILE APPELLANT'S
BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Ron Fuson 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 (d) of the Texas Rules of Appellate Procedure, and for good cause shows
the following:
1. OnApril27, 2015 this counsel filedAppellant'sMotion to Extend Time
to File Appellant's Brief.
2. This case is on appeal from the 119th Judicial District, Tom Green
County, Texas.
3. The case below was styled the State of Texas vs.Ron Fuson, and
numbered C-12-0998-SB. The Defendant was convicted of Failure to
register as a sex offender on September 12, 2014.
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4. Appellant was sentenced to five years in the Institutional Division of the
Texas Department of Criminal Justice.
5. Notice of appeal was given on October 14, 2014.
6. The clerk's record was filed on November 12, 2014; the reporter's record
was filed on, November 4, 2014.
8. Appellant's Brief is presently March 27,2015. Counsel is unable to file
Appellant's Brief on or before march 27, 2015. Counsel has spent the
last several months shutting down much of his outer county practice due
to his recent divorce and obtaining 50% custody ofhis children in order
to be available for them, as well as continuing to run his practice.
Further counsel since the first extension was granted has had Numerous
cases not settle until just prior to trial, which required counsel to prepare
for trial, including State vs. Adrian Rodriguez Cause No. 6377 In the
119th District court of Runnels county where in the Defendant was
facing 15 to life of a Possession with intent to deliver a controlled
substance charge which was set for trial in February, as well as, a
custody case in Mills county Texas, during February, that resulted in a
week long Jury trial styled," In the Interest of M.L.W. and T.W.W.
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children" cause No. 07-02-5943. This resulted in this counsel being
away from his office for much of January and February, 2015 and out of
town. Counsel spent much of March and April catching up at his office
after a busy trial months in January and February. This Counsel, had not
had adequate time to review the clerk's record and reporter's record or
to conduct an investigation and prepare a proper brief by the present
deadline. Counsel believes that an anders brief is appropriate in this
matter. Counsel anticipates the brief will be ready by no later than May
4, 2015 Counsel believes without additional time to prepare said brief
appellant will be denied effective assistance of counsel in this matter.
Counsels failure to file the brief timely was inadvertent and not a
conscious disregard of the courts deadlines. Counsel believes no further
extensions will be necessary.
9. Counsel therefore requests this court extend the time for filing said Brief
to 40 days from the current due date of March 27, 2015 so that counsel
may review the record in this matter and draft a brief.
10. Two previous Extension have been granted regarding 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
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and further relief as the Court may deem appropriate.
Respectfully submitted,
Nathan Butler Attorney at law
180 Stoneham
San Angelo, Texas 76905
Tel: (325) 653-2373
Fax: (325) 617-5485
By: Is! Nathan Butler
Nathan Butler
State bar No. 24006935
Attorney for Appellant
Ron Fusion
CERTIFICATE OF SERVICE
This is to certify that on, April27, 2015, a true and correct copy of the above
and foregoing document was served on the following by fax to3256586831.
George McCrea
119th District Attorney
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124 W. Beauregard
San Angelo, Texas 76903
Is/Nathan Butler
Nathan Butler
STATE OF TEXAS §
§
COUNTY OF Tom Green §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Nathan Butler, 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 Appellant's Motion To Extend Time to
File Appellant's Brief and swear that all of the allegations of fact
contained therein are true and correct."
n Butler
Affiant
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SUBSCRIBED AND SWORN TO BEFORE ME on April27, 2015, to certify
which witness my hand and seal of office.
/!Wl*~ -~ fj#wc
Notary Public, State of Texas
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MELVA LANITA BUTLER
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