ACCEPTED
06-14-00174-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
4/28/2015 8:04:47 PM
DEBBIE AUTREY
CLERK
IN THE COURT OF APPEALS
Sixth Appellate District
State of Texas FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
RODERICK BEHAM, 4/28/2015 8:04:47 PM
Appellant DEBBIE AUTREY
Clerk
v. NO. 06-14-00174-CR
Trial Court #14 F 0004 005
STATE OF TEXAS,
Appellee
SECOND MOTION FOR EXTENSION
OF TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Roderick Beham, 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 5th Judicial District Court of Bowie
County, Texas. The date of the Judgment is August 29, 2014, with
sentence being imposed by the trial court on August 29, 2014.
B. The case was styled, “State of Texas v. Roderick Beham., Cause No. 14
F 0004-005.
C. Appellant was convicted of the offense of Aggravated Robbery.
D. Punishment was assessed by the jury to 25 years in the Institutional
Division of the Texas Department of Criminal Justice.
E. The Appellant’s Brief is due to be filed April 29, 2015.
F. Appellant requests an extension of the filing of Appellant’s Brief for ten
(12) days, making the Appellant’s Brief due on May 11, 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 now participation in the trial of a capital murder jury trial styled the
State of Arkansas v. Tim Howard, in the Circuit Court of Little River
County, Arkansas, which began jury selection on April 24th, and is
anticipated that the trial will last until May 6th or 7th. Appellant’s,
counsel has had insufficient time to complete Appellant’s brief.
Additionally, Appellant’s counsel has been developing the issue of
voluntariness of the Appellant’s statement to police. To completely
develop this issue, Appellant’s counsel has had to request a copy of the
video of the Appellant from his trial counsel. The delay in obtaining this
video with the record has also required that the motion be granted.
H. There has been one previous requests for extension in this cause.
I. Counsel for Appellant has contacted the Assistant Criminal District
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Attorney for Bowie County, Texas, who is assigned to this matter and
she has no objection to the request of the Appellant.
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
Second Motion for Extension of Time to File Appellant’s Brief has been
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forwarded to Ms. Samantha Oglesby, 601 Main Street, Texarkana, Texas, on
this the 28th day of April2015.
/s/Alwin A. Smith
Alwin A. Smith
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