ACCEPTED
12-14-00269-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
2/12/2015 1:21:19 PM
CATHY LUSK
CLERK
DOCKET NO. 12-14-00269-CR
CAUSE NO. 18769
RAFAEL VILLEGAS § FILED IN
IN THE COURT OF APPEALS
12th COURT OF APPEALS
TYLER, TEXAS
VS. § TWELFTH DISTRICT
2/12/2015 1:21:19 PM
STATE OF TEXAS § CHEROKEE COUNTY, CATHY
TEXAS S. LUSK
Clerk
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes RAFAEL VILLEGAS, 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 2nd Judicial District Court of Cherokee County,
Texas.
2. The case below was styled the State of Texas Vs. Rafael Villegas, and numbered
18769.
3. Appellant was convicted of AGGRAVATED SEXUAL ASSAULT OF A CHILD.
4. Appellant was assessed a sentence of life confinement institutional division,
TDCJ on August 27, 2014.
5. Notice of appeal was given on September 9, 2014.
6. The clerk's record was filed on September 15, 2014; the reporter's record was
filed on January 12, 2015.
7. The appellate brief is presently due on February 12, 2015.
8. Appellant requests an extension of time of 30 days from the present date, i.e.
March 12, 2015.
9. This is the first request for extension to file the brief filed in this cause.
10. Defendant is currently incarcerated.
11. Counsel for Defendant has been presiding over municipal court jury trials for
the last week and has had an influx of new clients and court appointments in
the last month.
12. Counsel requests this extension not for the sole purpose of delay but so that
justice may be done.
Motion to Extend Time to File Appellant’s Brief Page 1 of 2
13. Counsel has conferred with the prosecuting attorney who has indicated that
she does not object to this motion.
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,
ALLEN W. ROSS
Attorney at Law
PO Box 528
Jacksonville, Texas 75766
903.683-2454 (voice)
866.576-5317 (fax)
allen@arossatty.com
By:____________________________________
ALLEN W. ROSS
State Bar No. 00788324
Attorney for RAFAEL VILLEGAS
CERTIFICATE OF SERVICE
This is to certify that on February 11, 2015 a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Cherokee
County, Texas, by facsimile transmission to 903 683 2309.
_______________________________________
ALLEN W. ROSS
Motion to Extend Time to File Appellant’s Brief Page 2 of 2