Terrance Davis v. State

ACCEPTED 06-15-00011-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 6/17/2015 3:33:41 PM DEBBIE AUTREY CLERK IN THE COURT OF APPEALS Sixth Appellate District State of Texas FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS TERRANCE LAVON DAVIS, 6/17/2015 3:33:41 PM Appellant DEBBIE AUTREY Clerk v. NO. 06-15-00011-CR Trial Court #14F0109-202 STATE OF TEXAS, Appellee MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Terrance Lavon Davis, Appellant, by and through his below named Attorney and pursuant to Texas Rules of Appellate Procedure, hereby requests an extension of the time period for the filing of the Appellant’s Brief and in support of same would show the Court as follows: I. A. This case is pending from the 202nd Judicial District Court of Bowie County, Texas. The date of the Judgment is December 11, 2014, with sentence being imposed by the trial court on December 11, 2014. B. The case was styled, “State of Texas v. Terrance Davis, Cause No. 14 F 0109 202. 1 C. Appellant was convicted of the offense of Aggravated Robbery. D. Punishment was assessed by the jury to 55 years in the Institutional Division of the Texas Department of Criminal Justice. E. The Appellant’s Brief is due to be filed June 17, 20155. F. Appellant requests an extension of the filing of Appellant’s Brief of fifteen (15) days, making the Appellant’s Brief due on July 2, 2015. G. Appellant’s attorney has been diligent in researching and preparing the Appellant’s brief for the Court however, due to counsel’s preparation and attendance for the criminal pre-trial docket in the Circuit Court in Ashdown, Arkansas on June 2, 2015, and the preparation and trial in a bench trial, styled “Ken Autrey v. Tony Clowers, et al”, Cause No. 10C984-005, in the District Court of Bowie County, Texas, on June 16, 2015, which was concluded on June 17, 2015, Appellant’s counsel has had insufficient time to complete Appellant’s brief. H. There have been no previous requests for extensions in this cause. I. Counsel for Appellant has contacted the Assistant Criminal District Attorney for Bowie County, Texas, who is assigned to this matter and she has no objection to the request of the Appellant. 2 II. Appellant’s attorney has been diligent in pursuing this appeal and is not seeking this extension for the purpose of delay. PRAYER WHEREFORE, on the basis of the Texas Rules of Appellate Procedure, Appellant’s attorney respectfully requests this Court to grant the Motion for Extension of Time for the filing of Appellant’s Brief. Respectfully submitted, /s/ Alwin A. Smith Alwin A. Smith TBN: 18532200 al@alwinsmith.com 602 Pine Street Texarkana, Texas 75501 903/792-1608 903/792-0899 Fax CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing Motion for Extension of Time to File Appellant’s Brief has been forwarded to Ms. Lauren Sutton, 601 Main Street, Texarkana, Texas, on this the 17th day of June 2015. /s/ Alwin A. Smith Alwin A. Smith 3