ACCEPTED
03-14-00702-CR
4363417
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/4/2015 10:13:02 AM
JEFFREY D. KYLE
CLERK
IN THE THIRD COURT OF APPEALS
AT AUSTIN, TEXAS
FILED IN
3rd COURT OF APPEALS
ANTONIOUS DEMOND BRINSON, § AUSTIN, TEXAS
Appellant § 3/4/2015 10:13:02 AM
§ CAUSE NO. 03-14-00702-CR
JEFFREY D. KYLE
V. § TRIAL COURT NO.Clerk72,150
§
THE STATE OF TEXAS, §
Appellee §
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COMES ANTONIOUS DEMOND BRINSON, Appellant in
the above styled and numbered cause, by and through Counsel, and moves
this Court to grant an extension of time to file appellant’s brief, pursuant to
Rule 38.6(d) of the Texas Rules of Appellate Procedure, and for good
cause shows the following:
1. This case is on appeal from the 264 th District Court in Bell County,
Texas.
2. The case below is styled The State of Texas v. Antonious
Demond Brinson and numbered 72,150.
3. Appellant was convicted of assault/family violence with previous
conviction and assessed a sentence of thirteen (13) years incarceration in the
Texas Department of Criminal Justice’s Institutional Division on October
28, 2014.
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4. Notice of appeal was given on October 29, 2014.
5. The Clerk’s record was filed December 16, 2014. The
Reporter’s record was filed on February 4, 2015.
6. The Appellant’s brief is presently due on March 6, 2015.
7. Appellant’s counsel requests an extension of time to file
appellant’s brief of 30 days from the present due date or until March 6,
2015.
8. No previous requests for extension to file the brief have been filed
in this cause.
9. Defendant is currently incarcerated.
Appellant’s counsel relies on the following facts as good cause for the
requested extension: The undersigned has had a significant amount of title
work in his oil and gas practice above the ordinary volume expected for this
time of year and has had appellate deadlines in the Court of Appeals for the
Second District in the past forty-five days as well, all of which preceded the
filing deadline herein including: filing appellant’s briefs in State v. Castro,
No. 02-14-00506-CR due January 31, 2015; and State v. Thornburg, No.
02-14-00453 due February 23, 2015, (the latter requiring review of a
voluminous 14-volume record) .The undersigned, therefore, would request
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an additional 30 days to review the record and to perform the necessary legal
research for preparation of the brief herein.
WHEREFORE, Counsel 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,
COPELAND LAW FIRM
P.O. Box 399
Cedar Park, TX 78613
Tel: 512-897-8126
Fax: 512-215-8114
Email: tcopeland14@yahoo.com
By: /s/ Tim Copeland
Tim Copeland
State Bar No. 04801500
Attorney for Appellant
CERTIFICATE OF SERVICE,
COMPLIANCE WITH RULE 9 and of CONFERENCE
This is to certify that on March 4, 2015, a true and correct copy of the
above and foregoing document was served on Henry L. Garza, District
Attorney, Attention: Bob Odom, Assistant District Attorney, Appellate
Section, P.O. Box 540, Belton, Texas 76513-0909 in accordance with the
Texas Rules of Appellate Procedure, and that this motion is in compliance
with Rule 9 of the Texas Rules of Appellate Procedure and that portion
which must be included under Rule 9.4(i)(1) contains 529 words, and that
the undersigned conferenced with opposing counsel on March 4, 2015, who
had no objection to the granting of this motion.
/s/ Tim Copeland
Tim Copeland
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Antonious Desmond Brinson v. State
Combined Opinion