Marshall Shane Lovell v. State

ACCEPTED 01-15-00046-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 5/13/2015 8:24:34 AM CHRISTOPHER PRINE CLERK COURT OF APPEALS CASE NO: Ol-15-00046-CR TRIAL COURT CASE NO: 22749 FILED IN MARSHALL SHANE LOVELL § IN THE COURT1stOF APPEALS COURT OF APPEALS Appellant § HOUSTON, TEXAS § 5/13/2015 8:24:34 AM v. § STATE OF TEXAS CHRISTOPHER A. PRINE § Clerk THE STATE OF TEXAS § Appellee § FIRST JUDICIAL DISTRICT SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF TO THE HONORABLE JUSTICES OF SAID COURT: NOW COMES, MARSHALL SHANE LOVELL, Appellant in the above styled and numbered causes, and pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure, moves this Honorable Court to grant an extension of time to file appellant's brief, and for good cause shows the following: I. 1. This case is on appeal from the 411 TH Judicial District Court of Polk County, Texas. 2. The case was styled THE STATE OF TEXAS vs. MARSHALL SHANE LOVELL and numbered 22749 in trial court. 3. In cause number 22749, Appellant plead guilty for the felony offense of Possession with Intent to Deliver Controlled Substance. Appellant was punished by the District Judge at fifty (50) years confinement in the Institutional Division of the Texas Department of Criminal Justice. 4. Notice of appeal was properly and timely given. 5. The clerk's record has been duly filed as well as the reporter's record. 6. The appellate brief is presently due to be filed on May 13, 2015. 1 7. Appellant requests an extension of time of 30 days from May 13, 2015, thereby making the appellant's brief to be filed on or before June 12, 2015. 8. This is the Appellant's first request for an extension to file his brief in this cause. 9. Defendant is incarcerated in the Institutional Division of the Texas Department of Criminal Justice. 10. Appellant relies on the following facts as good cause for the requested extension: Counsel for the Appellant is a sole practitioner and has a very active civil and criminal trial practice. Counsel has been involved in trial preparations for the following felony cases: • The State ofTexas vs. Russell Lee Ketchum; In the 410th District Court; Cause No. 15-01-00191-CR; Capital Murder • The State ofTexas vs. Kappy Joe Earl, Jr.; In the 359th District Court; Cause No. 14-06-07186-CR; Murder • The State ofTexas vs. Sean Michael Jarvis; In the 9th District Court; Cause No. 14-01-00048-CR I 15-01-00856-CR; DWI, 3+ • The State of Texas vs. Dedrick Narcisse; In the 359th District Court; Cause No. 14-06-06335-CR; Aggravated Robbery (x2) and Evading • The State ofTexas vs. John Cook; In the 9th District Court; Cause No. 14-11-12003-CR; Aggravated Assault SBI/FV • The State ofTexas vs. Alfred Yangos; In the 9th District Court; Cause No. 14-05-05260-CR; DWI, 3+ Counsel has been preparing for numerous hearings in different cause numbers as well, and needs more time in order to complete the brief now due. II. This extension is not sought for the purpose of delaying this appeal, but so that justice 2 may be done. Additional time is needed and is requested in order to make a complete and thorough review of the record, review the many case, statutes, rules and "other" citations and for counsel to prepare the Appellant's brief. WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Honorable Court grant this First Motion for Extension Time to File Appellant's Brief, and for such other and further relief, as the Court may deem appropriate. I Attorney at Law SBN: 00930500 220 N. Thompson, Suite 101 Conroe, Texas 77301 Tel: (936) 539-4113 Fax: (936) 539-4118 Court Appointed Attorney for Appellant, MARSHALL SHANE LOVELL CERTIFICATE OF SERVICE This is to certify that on May ~,2015, a true and correct copy of the Second Motion for Extension Time to File Appellant's Brief was served on the District Attorney's Office, Polk County, Texas by first class mail. 3 STATE OF TEXAS § § COUNTY OF MONTGOMERY § AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared Mike Aduddell, who after being duly sworn stated: "I am the attorney for the appellant in the above numbered and entitled cause. I have read the foregoing Second Motion for Extension of Time to File Appellant's Brief and swear that all of the allegations of fact contained therein are true and correct." SUBSCRIBED AND SWORN TO BEFORE ME on May~, 2015, to certify which witness my hand and seal of office. "~~~?'~';:/('" ASHTON LEIGH BLACK N'~:P'-::. Notary Public. State of Texas . t~.7'\"=.:c'j My Commission Expires ""';;;(oi-';'~"i" December 10, 2016 ~/""I"\\' 4