ACCEPTED
12-14-000263-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
4/16/2015 4:11:53 PM
CATHY LUSK
CLERK
NO. 12-14-00263-CR
FILED IN
12th COURT OF APPEALS
STATE OF TEXAS § IN THE TYLER, TEXAS
§ 4/16/2015 4:11:53 PM
VS. § 12th COURT CATHY S. LUSK
§ Clerk
JEFFREY ARLEN QUINN § OF APPEALS
SECOND MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes JEFFREY ARLEN QUINN, Appellant by and through his
attorney of record, JOHN L. YOUNGBLOOD, 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 3rd Judicial District Court of
Henderson County, Texas.
2. The case below was styled the STATE OF TEXAS vs. JEFFREY
ARLEN QUINN, and numbered C-20,818.
3. Appellant was convicted of Evading Arrest with a Motor Vehicle.
4. Appellant was assessed a sentence of 17 years confinement in Texas
Department of Criminal Justice - Institutional Division on June 19, 2014.
5. Notice of appeal was given on September 8, 2014.
6. The clerk's record was filed on October 17, 2014; the reporter's record
was filed on February 17, 2015.
7. The appellate brief was first due on March 19, 2015. Counsel
respectfully requested this Court to grant an extension at that time. This Court
granted said request and Ordered that Appellant’s Brief be filed on April 17, 2015.
8. Appellant requests a second extension of time of 30 days from this
immediate date for reasons as set forth herein.
9. This Court has granted one previous extension to file the brief.
10. Defendant is currently incarcerated.
11. Appellant relies on the following facts as good cause for the requested
extension:
Counsel has been appointed on two criminal cases in the past 30 days
involving indicted, habitual offenders in (a) The State of Texas vs. Jeffery
Wheeler, Cause No. CR15-0038-392, pending in the 392nd Judicial District Court,
and (b) The State of Texas vs. Billy Ray Minchew, Cause No. CR15-0008-392,
pending in the 392nd Judicial District Court. Both of these cases have involved
significant factual and legal investigation involving defendants facing a range of
punishment no less than 25 years and no more than life in prison.
Counsel was also appointed to represent an inmate on an out of time appeal
granted by the Court of Criminal Appeals in a case styled The State of Texas vs.
Lester Rainwater, Cause No. C-14,699, pending in the 3rd Judicial District Court,
Henderson County, Texas. The mandate was issued by the Court of Criminal
Appeals on March 9, 2015 and Defendant is serving a life sentence.
Counsel has also been involved in a Motion to Suppress in a capital murder
case styled The State of Texas vs. Raheem Mark Miller, Cause Number B-21,539,
in the 392nd Judicial District Court. Such hearing was concluded today, April 16,
2015 and involved substantial factual and legal investigation in order to properly
prepare.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court grant this Second Motion To Extend Time to File Appellant's Brief, and for
such other and further relief as the Court may deem appropriate.
Respectfully submitted,
JOHN L. YOUNGBLOOD
130 East Corsicana Street
Suite 300
Athens, Texas 75751
Tel: (903) 675-5188
Fax: (903) 677-3902
By: /s/ John L. Youngblood
JOHN L. YOUNGBLOOD
State Bar No. 24003222
John@johnlyoungbloodlaw.com
Attorney for JEFFREY ARLEN QUINN
CERTIFICATE OF SERVICE
This is to certify that on April 16, 2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Henderson
County, 109 West Corsicana Street, Suite 103, Athens, Texas 75751, by electronic
service through the Electronic Filing Manager.
/s/ John L. Youngblood
JOHN L. YOUNGBLOOD
STATE OF TEXAS §
§
COUNTY OF HENDERSON §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
JOHN L. YOUNGBLOOD, 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 Second Motion To Extend
Time to File Appellant's Brief and swear that all of the allegations of
fact contained therein are true and correct."
/s/ John L. Youngblood
JOHN L. YOUNGBLOOD
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on April 16, 2015, to
certify which witness my hand and seal of office.
/s/ Terri Crawford
Notary Public, State of Texas