ACCEPTED
06-14-00208-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
6/17/2015 4:29:01 PM
DEBBIE AUTREY
CLERK
NO. 06-14-00208-CR
FILED IN
6th COURT OF APPEALS
STATE OF TEXAS § IN THE TEXARKANA, TEXAS
§ 6/17/2015 4:29:01 PM
VS. § 6TH COURT DEBBIE AUTREY
§ Clerk
TONY DEWAYNE CRAYTON § OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Tony Dewayne Crayton, Appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time to file
appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure,
and for good cause shows the following:
1. This case is on appeal from the 8th Judicial District Court of Hopkins
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Tony Dewayne
Crayton, and numbered 1323670.
3. Appellant was convicted of Murder.
4. Appellant was assessed a sentence of 50 years on November 24, 2014.
5. Notice of appeal was given on November 24, 2014.
6. The clerk's record was filed on March 26, 2015; the reporter's record
was filed on January 27, 2015.
7. The appellate brief is presently due on June 17, 2015
8. Appellant requests an extension of time of 30 days from the present
date, i.e. July 17, 2015.
9. Two extensions to file the brief has been received in this cause.
10. Defendant is currently incarcerated.
11. Appellant relies on the following facts as good cause for the requested
extension:
A. Appellant’s case raises many areas of appellate consideration
many of which are quite complex, including:
a. Multiple search and seizure issues;
b. Issues regarding the admissibility of Appellant’s
statement to law enforcement;
c. Challenges to a Search Warrant;
d. and the trial court taking judicial notice of evidence
during its deliberations, a unique situation that has not been
thoroughly litigated on appeal.
B. This is a Murder case that involves a severe sentence and all
appellate issues should be given sufficient consideration and time
to be develop and properly brief on appeal.
C. Although Appellant’s attorney has spent considerable time thus
far, he need additional time to properly prepare Appellant’s Brief.
D. Appellant’s attorney has spent extensive time in court
appearing on the following dates and cases:
1. Hunt County District Court
a. 06/16/15 State of Texas v. Kendrick Mosley, Cause No.
1401429;
2. 8th Judicial District Court of Hopkins County:
a. 06/11/15 State of Texas v. Michael Bryan Smith, Cause
No. 1524664
b. 06/16/15 State of Texas v. Errand Obrian Tinner, Cause
No. 1323626;
3. 8th Judicial District Court of Franklin County:
a. 06/12/15 State of Texas v. Charles Derrick;
4. Franklin County Court at Law:
a. 06/10/15 State of Texas v. Norman Ball, State of Texas
v. Martin Herrera- Flores;
5. Hopkins County Court at Law:
a. 06/04/15 State of Texas v. Chris Hyche Citation No.
15Z0162
b. 06/10/15 State of Texas v. Lynn Engelke;
6. 8th Judicial District Court of Delta County:
a. 06/05/15 State of Texas v. Terrance Parker, Cause No.
7434, State of Texas v. Britney Jester, Cause No. 7431;
7. Cass County District Court:
a. 06/08/15 State of Texas v. Liroi Kennedy, Cause No.
2014F00175;
8. Lamar County District Court:
a. 06/15/15 State of Texas v. Justin Roundtree
WHEREFORE, PREMISES CONSIDERED, Appellant 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,
Martin Braddy Attorney at Law
121 Oak Avenue
Suite A
Sulphur Springs, Texas 75482
Tel: (903) 885-2040
Fax: (903) 500-2704
By: /s/ Martin Braddy
Martin Braddy
State Bar No. 00796240
martin.braddy@verizon.net
Attorney for Tony Dewayne Crayton
CERTIFICATE OF SERVICE
This is to certify that on June 17, 2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Hopkins
County, 110 Main Street Sulphur Springs, Texas 75482, by E-mail.
/s/ Martin Braddy
Martin Braddy