ACCEPTED
12-14-00158-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
3/26/2015 12:30:36 PM
CATHY LUSK
CLERK
CASE NO.: 12-14-00158-CR CR
Trial Court Case Number: 007-0505-13
FILED IN
RICKY NEAL, JR., 12th COURT OF APPEALS
Appellant, THE TWELFTH COURT OF
TYLER, TEXAS
APPEALS, TYLER DIVISION
3/26/2015 12:30:36 PM
CATHY S. LUSK
Clerk
vs.
THE STATE OF TEXAS,
Appellee.
APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, the Appellant, RICKY NEAL, JR. , in the above-styled and
numbered cause, by and through the undersigned counsel, and files this Motion for
Extension of Time to File Initial Brief in accordance with Texas Rule of Appellate
Procedure 10.5(b). In support thereof, the undersigned would show this Honorable Court
as follows:
1. Appellant’s brief was due on or before March 23, 2015. In granting a final extension, this
Court ordered that counsel’s failure to file the brief by March 23d would result in the case being
presented for further action including initiation of possible contempt proceedings against the
undersigned.
2. On Friday, March 20, 2015, the undersigned was advised that attorney, Gerald J. Smith,
had been retained to represent Appellant in this cause. The undersigned was thereafter provided,
and signed, a stipulated substitution of counsel to that effect. Later that same day, attorney
Gerald Smith filed a Motion to Substitute Counsel and a Motion for Extension of the briefing
deadline
3. Because both Mr. Smith’s motion for stipulated substitution of counsel and his motion
for extension would not be ruled upon by the Court until March 25, 2014, the undersigned filed
a letter with the Court summarizing the above circumstances and requesting that no action be
taken with respect to Appellant’s brief until such time as a determination could be made as to the
substitution of counsel and the request for extension.
4. Regrettably, no action could be taken by the Court as to the stipulated substitution of
counsel and motion for extension due to counsel Smith’s failure to comply with the Texas Rules
of Appellate Procedure.
5. The undersigned therefore files this motion for extension on Appellant’s behalf and
requests that the briefing deadline in this matter be extended to allow Mr. Smith an opportunity
to remedy the defects in his motions and resubmit them to this Court for consideration. The
undersigned makes this request on Appellant’s behalf so that he might have the benefit of
representation by the counsel of his choosing in this appeal.
6. In the alternative, the undersigned respectfully moves that this Honorable Court permit
the undersigned to file Appellant’s brief out-of-time in lieu of the above circumstances. But for
this issue concerning the substitution of counsel, the undersigned was fully prepared to file
Appellant’s brief on March 23d, but instead elected to forego filing the brief and await a decision
from the Court as to the replacement of court appointed counsel with Appellant’s private counsel
of choice.
7. Because this issue remains unresolved, the undersigned has today filed Appellant’s Initial
Brief with this Court. The undersigned prays that under this unique set of circumstances that this
Honorable Court will not pursue any sanction against the undersigned.
8. On March 20, 2015, the undersigned met Assistant District Attorney Michael J. West
and Aaron Rediker with respect to this motion. The State does not oppose an extension in lieu
of this pending substitution of counsel.
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WHEREFORE, PREMISES CONSIDERED, the Defendant hereby specifically requests
that this Honorable Court grant a 30-day extension from the present deadline date for the filing
of Appellant’s initial brief.
Respectfully submitted,
/s/ Carlo D’Angelo
CARLO D’ANGELO
ATTORNEY AT LAW
100 East Ferguson, Suite 1210
Tyler, Texas 75702
Texas State Bar No. 24052664
Tel 903.595.6776
Fax 903.407.4119
carlo@dangelolegal.com
Attorney for Appellant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing motion was
furnished to Assistant District Attorney Michael J. West, Office of the District Attorney, 100
North Broadway, 4th Floor, Smith County, Texas, 75702 via U.S. Mail on this 26 March 2015.
/s/ Carlo D’Angelo
Carlo D’Angelo
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