ACCEPTED
03-14-00605-CR
4140977
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/13/2015 11:12:19 AM
JEFFREY D. KYLE
CLERK
CAUSE No. 03-14-00605-CR
IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
FOR THE THIRD COURT OF APPEALS DISTRJCT AUSTIN, TEXAS
AUSTIN, TEXAS 2/13/2015 11:12:19 AM
JEFFREY D. KYLE
Clerk
HOWARD THOMAS DOUGLAS,
Appellant,
VS.
THE STATE OF TEXAS,
Appellee.
On appeal from Cause No. D-1-DC-12-900059,
in the 331 st Judicial District Court,
Travis County, Texas
APPELLANT'S FIRST MOTION FOR
EXTENSION OF TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Appellant, Howard Thomas Douglas, and files this his First Motion for
Extension of Time to File Appellant's Brief, and in support thereof respectfully shows this Comi
the following:
I.
APPELLANT SEEKS EXTENSION OF TIME TO FILE BRIEF
1. Appellant is appealing his conviction in the 331 st Judicial District Comi of Travis
County, Texas, for the felony offense of securing execution of a document by deception.
2. Appellant's Brief is due to be filed on February 13, 2015.
2. Appellant seeks this first extension of time to file his brief because Appellant's
counsel has had the following recent deadlines:
• Bowens v. Collins; Cause No. DC-12-08188; 192nd District Court, Dallas County;
civil jury trial set for February 2, 2015; counsel prepared for trial during the week
DEFENDANT'S MOTION TO EXTEND TIME TO FILE BRJEF PAGE 1
before and presented trial to the bench during Tuesday until matter was recessed.
(I State v. Marvin Taylor; Cause No. F-2012-0490-C; 211th District Court, Denton
County; counsel has been injury trial since February 9, 2015- three counts of
aggravated sexual assault; this matter will last at least through February 13, 2015.
These cases, and the preparation for them, have greatly limited the time that Appellant's
counsel has had to prepare for this matter. The Taylor criminal trial, especially, has occupied all
of counsel's time since Febmary 8, and much of counsel's time the preceding week, as well.
3. Given the nature of the issues expected to be asserted on appeal in this matter,
Appellant's counsel respectfully submits that justice would be betier served by allowing
Appellant's counsel additional time in which to prepare Appellant's Brief. For example,
Appellant anticipates asserting as one of his arguments on appeal that the evidence was not
legally sufficient to suppmi the jury's verdict of guilty. Therefore, Appellant's counsel will
necessarily need to review all of the testimony and the exhibits and present a thorough analysis
of such evidence to this Court. Given that this trial lasted one week and resulted in five volumes
of testimony and six volumes of exhibits, such an endeavor will take a significant amount of time
to review and to organize on behalf of Appellant.
4. Appellant respectfully moves this Court for an extension of thirtv-one (31)
days in which to file Appellant's Brief. See Tex. R. App. P. 10,5(b), 38.6(d) (the 30th day
would be Sunday, March 15, 2015).
5. State Does No Oppose Extension. Appellant's counsel confened via telephone
with Ms. Angie Creasy, counsel for the State of Texas, on January 20, 2015, regarding the merits
of this Motion, and Ms. Creasy stated that the State does not oppose Appellant's motion to
extend time to file Appellant's Brief.
DEFENDANT'S MOTION TO EXTEND TIME TO FILE BRIEF PAGE2
n.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant moves this Comi to grant
Appellant an extension of thirty-one (31) days in which to file Appellant's Brief, making the
Brief due on or before March 15, 2015. Appellant fmiher seeks such other relief to which he may
be entitled, at law or in equity.
Respectfully submitted,
IS/ Craig M. Price
Craig M. Price
State Bar No. 16284170
Hammerle Finley & Scroggins Law Firm
2871 Lake Vista Dr., Suite 150
Lewisville, Texas 75067
Tel: (972) 436-9300
Fax: (972) 436"9000
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that on February 13, 2015, a true and correct copy of the above and
foregoing document was served on the District Attorney's Office, Travis County, PO Box 1748,
Austin, Texas 78767, by facsimile 512-854-9789.
/S/ Craig M. Price
Craig M. Price
DEFENDANT'S MOTION TO EXTEND TIME TO FILE BRIEF PAGE3
CERTIFICATE OF CONFERENCE
I ce1iify that Appellant's current counsel conferred over the telephone with Ms. Angie
Creasy, counsel for the State of Texas, on January 20, 2015, regarding the merits ofthis Motion,
and Ms. Creasy stated that she does not oppose Appellant's Motion to Extend Time to File
Appellant's Reply Brief.
IS/ Craig M. Price
Craig M. Price
DEFENDANT'S MOTION TO EXTEND TIME TO FILE BRIEF PAGE4