ACCEPTED
12-14-00368-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
3/25/2015 5:25:56 PM
CATHY LUSK
CLERK
NO. 12-14-00368-CR
STATE OF TEXAS § IN THE COURT OF APPEALS
FILED IN
§ 12th COURT OF APPEALS
VS. § TWELFTH APPELLATE TYLER, TEXAS
DISTRICT
§ 3/25/2015 5:25:56 PM
JOHN CALVIN MARSHALL § TYLER, TEXAS CATHY S. LUSK
Clerk
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes John Calvin Marshall, 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 294th Judicial District Court of Van Zandt
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. JOHN CALVIN
MARSHALL, and numbered CR11-00070.
3. Appellant was convicted of Burglary of a Habitation with Intent to Commit
Sexaul Assault.
4. Appellant was assessed a sentence of 25 years TCDJ-ID on October 3,
2014.
5. Notice of appeal was given on December 30, 2014.
6. The clerk's record was filed on January 30, 2015; the reporter's record
was filed on March 2, 2014 and a supplement was filed on March 24, 2015.
7. The appellate brief is presently due on April 1, 2015.
8. Appellant requests an extension of time of 30 days from April 1, 2015
9. No extension to file the brief has been received in this cause.
10. Defendant is currently incarcerated.
11. Appellant relies on the following facts as good cause for the requested
extension:
A supplement to the Reporter’s Record was filed with the Court of Appeals. The
supplement is a volume of Appellant's Motion to Suppress presented to and ruled on by
the trial court. Appellant will need to review the volume and determine if the denial of
Appellant’s motion to suppress will be included as a point of error in his brief.
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,
Dean White,
Attorney at Law
690 West Dallas
P.O. Box 155
Canton, Texas 75103
Tel: (903) 567-4155
Fax: (903) 567-4964
Email: dwatty@etcable.net
By: /s/ Dean White
Dean White
State Bar No. 21299500
Attorney for John Calvin Marshall
CERTIFICATE OF SERVICE
This is to certify that on March 25, 2015, a true and correct copy of the above and
foregoing document was served on Chris Martin, Criminal District Attorney, Van Zandt
County, 400 S. Buffalo, Canton, Texas 75103, by electronic service through the
Electronic Filing Manager, to chrismartin@vanzandtcounty.org.
/s/ Dean White
Dean White