ACCEPTED
12-15-00032-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
4/17/2015 2:34:45 PM
CATHY LUSK
CLERK
NO. 12-15-00032-CR
STATE OF TEXAS § IN THE FILED IN
12th COURT OF APPEALS
§ TYLER, TEXAS
VS. § TWELFTH COURT
4/17/2015 2:34:45 PM
§ CATHY S. LUSK
MITZI GAIL ALLGOR § OF APPEALS Clerk
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Mitzi Gail Allgor, 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 County Court at Law of Nacogdoches
County, Texas.
2. The case below was styled the State of Texas vs. Mitzi Gail Allgor, and
numbered CF1302374.
3. Appellant was convicted of Possession of Marijuana.
4. Appellant was assessed a sentence of 120 days in jail on January 8,
2015.
5. Notice of appeal was given on January 8, 2015.
6. The clerk’s record was filed on March 5, 2015; the reporter’s record
was filed on March 19, 2015.
7. The appellate brief is presently due on April 20, 2015.
8. Appellant requests an extension of time of 30 days from the date a
complete appellate record is filed.
9. No previous extensions to file Appellant’s brief have been requested.
10. Defendant is not currently incarcerated.
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11. Appellant relies on the following facts as good cause for the requested
extension:
Pursuant to TEX. R. APP. P. 34.6(d), Appellant has requested the Official Court
Reporter of Nacogdoches County Court at Law to supplement the Reporter’s Record
delivered on March 19, 2015. See Exhibit A. Appellant requested that the court
reporter include in the Reporter’s Record a transcript of the voir dire. As filed with
the Court of Appeals, the Reporter’s Record is incomplete as it does not include any
of the voir dire proceedings. Accordingly, it is impossible to prepare Appellant’s
Brief until such time as the Reporter’s Record has been supplemented with the
missing transcript.
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,
LAW OFFICES OF NOEL D. COOPER
117 North Street, Suite 2
Nacogdoches, Texas 75961
Telephone: (936) 564-9000
Telecopier: (936) 715-6022
By:/s/Noel D. Cooper
Noel D. Cooper
State Bar No. 00796397
noelcooper@noelcooper.com
Attorney for Mitzi Gail Allgor
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CERTIFICATE OF SERVICE
I certify that a true copy of this Notice of Appeal was served in accordance with rule
9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead
counsel as follows:
Party: State of Texas
Lead attorney: Stephanie Stephens
Address of service: 101 W. Main, Nacogdoches, Texas 75961
Email Address: sstephens@co.nacogdoches.tx.us
Method of service: by electronic service
Date of service: April 17, 2015
/s/Noel D. Cooper
Noel D. Cooper
CERTIFICATE OF COMPLIANCE
Pursuant to TEX. R. APP. P. 9.4(i)(3), I certify that this document is computer
generated and contains 324 words based on a computer word count.
/s/Noel D. Cooper
Noel D. Cooper
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EXHIBIT A