ACCEPTED
12-15-00075-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
7/16/2015 10:53:06 AM
CATHY LUSK
CLERK
FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
7/16/2015 10:53:06 AM
CATHY S. LUSK
CAUSE NUMBER 12-15-00075-CR Clerk
CHARLES BLAKE DEFORE IN THE
VS. TWELFTH JUDICIAL DISTRICT
THE STATE OF TEXAS COURT OF APPEALS
AMENDED APPELLANT'S
FIRST MOTION TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW Appellant Charles Blake DeFore, by and through Colin D. McFall,
Attorney of Record, in the above numbered and styled cause, pursuant to Rule 10.5 (b) and Rule
38.6 (d), Texas Rules of Appellate Procedure, and for good cause moves this Court grant
Amended Appellant's First Motion to Extend Time to File Brief. In support of said motion, the
Appellant would respectfully show this Honorable Court the following:
I.
Pursuant to Rule 10.5(b) (1) (A), Texas Rules of Appellate Procedure, Appellant's Brief is
due on the 15th day of July 2015.
II.
Pursuant to Rule 10.5(b) (1) (B), Texas Rules of Appellate Procedure, Appellant
respectfully request a thirty (30) day extension of time to file Appellant's Brief If granted,
Appellant's Brief would be due on the 14th day of August 2015.
III.
Pursuant to Rule 10.5(b) (1) (C), Texas Rules of Appellate Procedure, Counsel relies on the
following facts to reasonably explain the need for the requested extension:
Counsel is engaged in the multijurisdictional private practice of law. Counsel engages in
the practice of family law, juvenile law, criminal defense and quasi criminal proceedings.
Counsel operates two offices in the East Texas area. Counsel submits his work load is high.
Because of the demands of private practice and a high work load, Counsel has not had an
effective amount of time to draft an appellate brief. Counsel needs the requested extension of
time to effectively represent Appellant. Appellant is entitled to the effective representation of
Counsel.
IV.
Pursuant to Rule 10.5(b) (1) (D), Texas Rules of Appellate Procedure, this is Counsel's
first motion for an extension of time to file Appellant's Brief.
V.
Pursuant to Rule 10.1(5), Texas Rules of Appellate Procedure, Counsel was not able to
consult with opposing counsel, to confirm the instant motion is unopposed.
VI.
WHEREFORE, PREMISES CONSIDERED, Appellant Charles Blake DeFore, prays the
Appellate Court grant Amended Appellant's First Motion to Extend Time to File Brief, and grant
Counsel an additional thirty (30) days to file Appellant's Brief.
RESPECTFULLY SUBMITTED,
513 North Church Street
Palestine, Texas 75801-2962
OLIN D. FALL Telephone: 903-723-1923
Attorney at Law Facsimile: 903-723-0269
Texas Bar Number: 24027498 Email: cmcfall@mcfall-law-office.com
CERTIFICATE OF SERVICE
I, Colin D. McFall, Attorney of Record for the above styled Appellant, hereby certify
service of a true and correct copy of the above and foregoing document upon Anderson County
Assistant Criminal District Attorney, Scott Holden, at sholden@co.anderson.tx.us, by email
transmission, on the 16th day of July 2015.
RESPECTFULLY SUBMITTED,
513 North Church Street
Palestine, Texas 75801-2962
COL 46. MCFALL Telephone: 903-723-1923
Attorney at Law Facsimile: 903-723-0269
Texas Bar Number: 24027498 Email: cmcfall@mcfall-law-office.com
CAUSE NUMBER 12-15-00075-CR
CHARLES BLAKE DEFORE IN THE
VS. TWELFTH JUDICIAL DISTRICT
THE STATE OF TEXAS COURT OF APPEALS
AFFIDAVIT
BEFORE ME, the undersigned notary, on this day, personally appeared Colin D. McFall,
a person whose identity is known to me. After I administered an oath to Colin D. McFall, upon
his oath, he said:
"My name is Colin D. McFall. I am over eighteen (18) years of age, of sound mind and
capable of making this Affidavit. I am the Attorney of Record for Charles Blake DeFore, in the
above numbered and styled cause. I have read the Amended Appellant's First Motion to Extend
Time to File Brief and swear the facts relied on are within my personal knowledge.
SWORN to and SUBSCRIBED before me by Colin D. McFall on the 16th day of July
2015.
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Notary Public, State of Texas
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Charles Blake Defore v. State
Combined Opinion