ACCEPTED
01-15-00101-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/13/2015 10:18:25 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00101-CR
In the FILED IN
1st COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
For the 5/13/2015 10:18:25 PM
First District of Texas CHRISTOPHER A. PRINE
At Houston Clerk
⎯⎯⎯⎯⎯♦⎯⎯⎯⎯⎯
No. 13-CR-3057
In the 405th District Court of
Of Galveston County, Texas
⎯⎯⎯⎯⎯♦⎯⎯⎯⎯⎯
BRIAN DARNELL JOHNSON
Appellant
v.
THE STATE OF TEXAS
Appellee
⎯⎯⎯⎯⎯♦⎯⎯⎯⎯⎯
APPELLANT’S MOTION FOR EXTENSION OF TIME
IN WHICH TO FILE APPELLANT’S BRIEF
⎯⎯⎯⎯⎯♦⎯⎯⎯⎯⎯
TO THE HONORABLE COURT OF APPEALS OF TEXAS:
COMES NOW APPELLANT, by and through his attorney of record on appeal,
Kevin Stryker, in accordance with Rules 10.5(b)(1) and 38.6(d) of the Texas Rules of
Appellate Procedure, and files this motion for extension of time in which to file the
Appellant’s brief in this case, and, in support thereof, presents the following:
Page 1 of 4
1. In the 405th District Court of Galveston County, Texas, in cause number 13-CR-3057
Appellant was convicted of Aggravated Assault - Deadly Weapon in The State of Texas
v. Brian Darnell Johnson.
2. On January 16, 2015, the trial court sentenced Appellant to forty years’ confinement
in the Texas Department of Criminal Justice, Institutional Division (TDCJ), for the
offense of Aggravated Assault – Deadly Weapon.
3. Appellant timely filed written notice of appeal on January 16, 2015.
4. Appellant’s brief is due on May 13, 2015.
5. This is Appellant’s first motion for extension of time to file Appellant’s appellate
brief on the merits.
6. An extension of time in which to file the Appellant’s brief is requested until at least
July 13, 2015.
7. The facts relied upon to explain the need for this extension are:
a. The issues on Appellant’s appeal are numerous and complicated.
b. The undersigned attorney also continues to fulfill his other responsibilities
in representing dozens of defendants in felony and misdemeanor criminal
matters.
Consequently, the requested extension of time is necessary to permit the undersigned
attorney to adequately research, prepare, and file Appellant’s brief in this case.
8. Appellant’s motion for extension of time to file Appellant’s brief is not made for
purposes of delay but so that justice may be done.
Page 2 of 4
WHEREFORE, Appellant prays that this Court will grant an extension of time until
at least July 13, 2015 for the undersigned attorney to complete and file Appellant’s brief in
this case.
Respectfully submitted,
/s/ Kevin Stryker
____________________
KEVIN B. STRYKER
Attorney for Brian Johnson
SBN: 24037565
2600 South Shore Blvd., Suite 300
League City, Texas 77573
Phone: 409-632-0212
Fax: 1-888-252-3033
Email: Strykerlawfirm@gmail.com
CERTIFICATE OF SERVICE
This is to certify that a true and accurate copy of the foregoing instrument has been
served upon Rebecca Klaren, Assistant District Attorney, Galveston County District
Attorney’s Office, at the following e-mail address, through the electronic service system
provided by eFile.TXCourts.gov:
Rebecca.klaren@co.galveston.tx.us
/s/ Kevin Stryker
____________________
KEVIN B. STRYKER
Attorney for Brian Johnson
SBN: 24037565
2600 South Shore Blvd., Suite 300
League City, Texas 77573
Phone: 409-632-0212
Fax: 1-888-252-3033
Email: Strykerlawfirm@gmail.com
Page 3 of 4