ACCEPTED
03-14-00563-CR
4176262
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/17/2015 1:28:43 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00563-CR
IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
THIRD DISTRICT OF TEXAS AT AUSTIN
2/17/2015 1:28:43 PM
JEFFREY D. KYLE
********************************************* Clerk
CAUSE NO. 69,201
264th JUDICIAL DISTRICT COURT OF
BELL COUNTY, TEXAS
*********************************************
TARSHA YVONNE WILEY APPELLANT
VS.
THE STATE OF TEXAS APPELLEE
*********************************************
APPELLANT’S SECOND MOTION FOR EXTENSION
OF TIME TO FILE BRIEF
COMES NOW Appellant, TARSHA YVONNE WILEY, by and
through her attorney of record, James H. Kreimeyer, and
respectfully moves the Court to extend the time for
filing the Appellant’s Brief in this cause, and in
support hereof would show the Court as follows:
I.
On the 17th day of July, 2014, Defendant was found
guilty by the court of the felony offense of Aggravated
Assault with a Deadly Weapon, and Defendant was
sentenced by the trial court to five (5) years
confinement in the Texas Department of Correction -
Institutional Division.
II.
A proper Notice of Appeal was filed on August 6,
2014 in conformity with Rule 26.2(a)(1) of the Texas
Rules of Appellate Procedure. Appellant’s prior
counsel filed an Motion to Withdraw as counsel with the
district court and Appellant’s counsel was appointed
August 18, 2014. The Court Reporter’s record was filed
with this court on December 1, 2014, Appellant’s
counsel filed an Extension of Time to File Appellant’s
Brief on December 31, 2014, and Appellant’s brief is
due February 17, 2015.
III.
Appellant’s attorney would respectfully request an
extension of time to file Appellant’s brief for the
following reasons: Appellant’s counsel submitted a
brief reference cause no. 03-14-00462-CR, February 11th,
after the second extension had been granted and brief
is due February 27, 2015. Appellant’s counsel had been
restricted from work activities for three weeks
allowing for recovery of a collapsed lung suffered
January 16, 2015. Appellant’s counsel would therefore
request an extension of time to file brief until March
19, 2015.
This Motion for Extension of Time is not filed for
the purpose of delay, but so that the ends of justice
may be served.
WHEREFORE, PREMISES CONSIDERED, Appellant requests
the Court to grant a thirty (30) day extension of time
to file the brief herein until March 19, 2015.
Respectfully submitted,
/s/ James H. Kreimeyer
JAMES H. KREIMEYER
ATTORNEY FOR APPELLANT
P.O. BOX 727
BELTON, TEXAS 76513
(254) 939-9393
(254) 939-2870 FAX
T.S.B. #11722000
jkreime@vvm.com
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of
the foregoing Appellant’s Motion for Extension of Time
to File Brief was delivered to Henry Garza, District
Attorney, Bell County Courthouse, Belton, Texas 76513,
on the 17th day of February 2015.
/s/ James H. Kreimeyer
JAMES H. KREIMEYER
ATTORNEY FOR APPELLANT