Terrell Delone Maxwell v. State

ACCEPTED 03-14-00586-CR 3886297 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/23/2015 4:42:51 PM JEFFREY D. KYLE CLERK CAUSE NUMBER 03-14-00586-CR FILED IN TERRELL MAXWELL X IN THE COURT 3rdOF APPEALS COURT OF APPEALS X AUSTIN, TEXAS v. X THIRD COURT1/23/2015 4:42:51 PM OF APPEALS X JEFFREY D. KYLE STATE OF TEXAS X Clerk DISTRICT OF TEXAS MOTION TO EXTEND TIME FOR FILING APPELLANT'S BRIEF TO THE HONORABLE COURT: COMES NOW THE APPELLANT, TERRELL MAXWELL, by and through attorney Jon Evans, and would move the Court for an extension of time for filing Appellant's brief in this cause and in suppmi of this Motion would show the Court as follows: I. If no extension of time is granted by this Court, Appellant's brief must be filed by December 19, 2014. II. Appellant seeks an extension of until March 15, 2015, to file Appellant's brief. III. A reasonable explanation for the need for an extension of time to file Appellant's brief exists. Appellant filed some sort of Pro Se Notice of Appeal. Defense Counsel was unaware that he was still the attorney of record in this matter. IV .. No extensions of time have been granted previously by the Court in this cause. v. An extension of time for filing Appellant's brief will not delay submission of this cause in the prescribed order, and no hatm will result to the Appellee as a result of the extension of time for filing briefs, in that this case has not been set for submission. WHEREFORE, Appellant request that the Coutt enter an order extending the time for filing Appellant's btiefto the 15 1h day of March, 2015. Respectfully submitted, Law Office of Evans and Lusk 806 W. 11 1h St. Austin, Texas 78701 (512) 476-4075 (512) 477-6840 FAX BY~:~~---------­ JON . EVANS SBN 0787445 _&tt mey for Appellant VERIFICATION BEFORE ME, the undersigned Notary Public, on this day personally appeared Jon ' Evans, who being by me duly sworn on his oath deposed and said as follows: "I am the attorney for the Appellant, TERRELL MAXWELL, in the above entitled and numbered cause. I have read the above and foregoing Motion for Extension of Time for Filing Appellant's Brief, and eve1y statement contained therein is true and cotTect to the best of my knowledge. Jon Evans SUBSCRIBED AND SWORN TO BEFORE ME on this the 23m day of January, 2015, to ce1tify which witness my hand and official seal. ·~ JODIE LWARIJ.HOUSE H~A MY COMMISSION EXPIRES '~i:'"''~' February 22, 2018 ""n"'" CERTIFICATE OF DELIVERY This is to certify that a true and conect copy of the above and foregoing Motion to Extend Time for Filing Appellant's Brief was delivered by hand unto the office of the prosecuting attorney for the State of Texas, on this the 23rd day of January, 2015. No. 03-14-00586-CR TERRELL MAXWELL X IN THE COURT OF APPEALS X v. X THIRD COURT OF APPEALS X STATE OF TEXAS X STATE OF TEXAS CERTIFICATE OF (ATTEMPTED) CONFERENCE This is to certifY that the undersigned counsel for Appellant has attempted to resolve this matter by agreement. Appellant's Counsel has attempted to contact SCOTT TALIAFERRO, Assistant District Attorney for Travis County, Texas, who is the attorney of record for the State of Texas, by voice message on January 23, 2015.