ACCEPTED
06-14-00148-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
3/2/2015 3:45:18 PM
DEBBIE AUTREY
CLERK
IN THE COURT OF APPEALS
Sixth Appellate District
State of Texas FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
KEVIN FAHRNI, 3/2/2015 3:45:18 PM
Appellant DEBBIE AUTREY
Clerk
v. NO. 06-14-00148-CR
Trial Court #10F484-005
STATE OF TEXAS,
Appellee
MOTION FOR EXTENSION
OF TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Kevin Fahrni, Appellant, by and through his below
named Attorney and pursuant to Texas Rules of Appellate Procedure, hereby
requests an extension of the time period for the filing of the Appellant’s Brief
and in support of same would show the Court as follows:
I.
A. This case is pending from the 5th Judicial District Court of Bowie
County, Texas. The date of the Judgment is June 6, 2014, with sentence
being imposed by the trial court on June 6, 2014.
B. The case was styled, “State of Texas v. Kevin Fahrni, Cause No. 10 F
0484 005.
C. Appellant was convicted of the offense of Aggravated Sexual Assault -
Child.
D. Punishment was assessed by the jury to 50 years in the Institutional
Division of the Texas Department of Criminal Justice.
E. There were two extensions granted to the Court Reporter. The
Appellant’s Brief is due to be filed March 2, 2015.
F. Appellant requests an extension of the filing of Appellant’s Brief Forty-
Five (45) days, making the Appellant’s Brief due on April 16, 2015.
G. Appellant’s attorney has been diligent in researching and preparing the
Appellant’s brief for the Court. However, due to counsel’s preparation
in one criminal jury trial styled the State of Arkansas v. Tim Howard,
Cause Number CR-97-105, in the Circuit Court of Little River County,
Arkansas, counsel has had insufficient time to complete Appellant’s
brief. This matter is a re-trial of a double capital murder that was
originally tried in 1998. Counsel for Appellant is the Chief Deputy
Prosecutor for 9 West Judicial District where this matter is pending. The
original trial had over 30 witnesses, all of whom have had to be re-
contacted and re-interviewed before trial. This matter was originally set
for jury selection to begin on March 2nd, however, on February 24th, the
trial court granted a continuance because of the unavailability of a
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material witness due to health reasons. Currently the trial is set to begin
with jury selection on April 23rd.
H. There have been no previous requests for extensions in this cause.
I. Counsel for Appellant has contacted the Assistant Criminal District
Attorney for Bowie County, Texas, who is assigned to this matter and
she has no objection to the request of the Appellant.
J. Counsel has communicated with Appellant and Appellant does not
object to the continuance being granted.
II.
Appellant’s attorney has been diligent in pursuing this appeal and is not
seeking this extension for the purpose of delay.
PRAYER
WHEREFORE, on the basis of the Texas Rules of Appellate Procedure,
Appellant’s attorney respectfully requests this Court to grant the Motion for
Extension of Time for the filing of Appellant’s Brief.
Respectfully submitted,
/s/ Alwin A. Smith
Alwin A. Smith
TBN: 18532200
al@alwinsmith.com
602 Pine Street
3
Texarkana, Texas 75501
903/792-1608
903/792-0899 Fax
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing
Motion for Extension of Time to File Appellant’s Brief has been forwarded to
Ms. Kelley Crisp, 601 Main Street, Texarkana, Texas, on this the _27th _ day
of February 2015.
/s/ Alwin A. Smith
Alwin A. Smith
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