ACCEPTED
05-14-00441-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
2/2/2015 5:33:37 PM
LISA MATZ
CLERK
NO. Q5-14-00441-CR
FILED IN
5th COURT OF APPEALS
STATE OF TEXAS § IN THE DALLAS, TEXAS
§ 2/2/2015 5:33:37 PM
VS. § FIFTH CIRCUIT LISA MATZ
Clerk
§
CHRISTOPHER M. DUNLOP § COURT OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Christopher M. Dunlop, 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 296th Judicial District Court of Collin
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Christopher M.
Dunlop, and numbered 296-82462-2012.
3. Appellant was convicted of a lesser-included offense of Assault
Causes Bodily Injury - Family Violence, a class A misdemeanor.
4. Appellant was assessed a sentence of 1 year in the Collin County Jail,
probated for 2 years. Other conditions of probation included completion of a
Batterer's Intervention Prevention Program, submission to a psychological
evaluation, no consumption of alcohol, no contact with the victim or the victim's
family, completion of 100 community service hours, and 30 days to serve in the
county jail as T&C time on March 18, 2014.
5. Notice of appeal was given on April 10, 2014.
6. The clerk's record was filed on July 30, 2014; the reporter's record
was filed on November 19, 2014.
7. The appellate brief was due on January 19, 2015.
8. Appellant requests an extension of time of 15 days from the current
due date of present date of January 19, 2015.
9. One previous extension to file the brief has been requested and
granted in this cause.
10. Defendant is currently free on bond.
11. Appellant relies on the following facts as good cause for the requested
extension:
Attorney initially expected to be able to complete the Appellate brief within
the 30 day time frame granted by the Court (once a proper certification of
Defendant's rights on appeal had been delivered by the trial court). However,
Attorney was not anticipating catching the flu and being bedridden for nearly half
of those 30 days. The unexpected illness, coupled with Attorney's extant court and
trial schedule proved to be a bit more of a load than was initially expected.
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.
Underwood Law Office, LLC
P.O. Box 3335
McKinney, TX 75070
Tel: (214) 544-8040
Fax: (972) 54^-5040
William H. Underwood
State Bar No. 24008190
underwoodlawoffice@sbcglobal.net
Attorney for Christopher M. Dunlop
CERTIFICATE OF SERVICE
This is to certify that on February 02, 2015, a true and correct copy of the
above and foregoing document was served on the District Attorney's Office, Collin
County, 2100 Bloomdale Road, McKinney, Texas 75071, by epiaitlind"'ftFs^class
mail.
William H. Underwood
STATE OF TEXAS §
§
COUNTY OF COLLIN §
AFFTOAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
William H. Underwood, 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 ti a coiT
William H. Underwood, Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on 2015,
to certify which witness my hand and seal of office.
BRITTANY WAKEFIEID
Notary Public, State of Texas Notary Public, State of Texas
.*}. MyCommission Expires
February 16, 2016
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