ACCEPTED
12-15-00171-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
10/7/2015 5:55:21 PM
Pam Estes
CLERK
NO. 12-15-00171-CR
STATE OF TEXAS § In the Court of Appeals
FILED IN
12th COURT OF APPEALS
§ TYLER, TEXAS
VS. § 12th Court of Appeals
10/7/2015 5:55:21 PM
§ PAM ESTES
Clerk
JIMMY ANDREW DAVIS, JR. § Tyler, Texas
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Jimmy Andrew Davis, Jr., 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 3rdth Judicial District Court of
Houston County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Jimmy
Andrew Davis, Jr., and numbered 31760.
3. Appellant was convicted of MANUFACTURING/DELIVERING
CONTROLLED SUBSTANCE PG1 LESS THAN 1G DRUG FREE ZONE.
4. Appellant was assessed a sentence on 6/5/2015.
5. Notice of appeal was given on 6/12/2015.
6. The clerk's record was filed on 7/30/2015; the reporter's record
was filed on July 24, 2015.
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7. The appellate brief was due on September 15, 2015, but because
of the necessity of have the document “PDF searchable” an extension was
given until September 28, 2015. A brief has been filed before the extension
date of September 28, 2015, however, the Court requested a proper Motion
for the late filing of the brief. .
8. Appellant requests an extension of time of 30 days from the date
of September 15, 2015, i.e. October 15, 2015.
9. Defendant is currently incarcerated.
10. Appellant relies on the following facts as good cause for the
requested extension:
Counsel for defendant has been inundated with trials and hearings, and
has been unable to properly prepare appellant’s brief, and needs more time to
do so. When counsel was able to prepare the Brief and file, new requirements
were imposed as to “searchable PDF” which delayed the filing in that counsel
had to be trained on the matters of searchable pdf files before filing
Appellant’s Brief.
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.
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Respectfully submitted,
Cargill & Associates
701 N. Elm Street
Palestine, Texas 75801
Tel: (903) 729-8011
Fax: (903) 729-5112
Mark W Cargill
By: /s/Mark W. Cargill
Mark W. Cargill
State Bar No. 00787201
cargillaw@earthlink.net
Attorney for Jimmy Andrew Davis, Jr.
CERTIFICATE OF SERVICE
This is to certify that on October 7, 2015, a true and correct copy of the
above and foregoing document was served on the District Attorney's Office,
Anderson County, by fax.
Mark W Cargill
/s/Mark W. Cargill
Mark W. Cargill
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STATE OF TEXAS §
§
COUNTY OF HOUSTON §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally
appeared Mark W. Cargill, 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 Motion To Extend Time
to File Appellant's Brief and swear that all of the allegations of fact
contained therein are true and correct."
Mark W Cargill
/s/Mark W. Cargill
Mark W. Cargill
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on October 7, 2015, to
certify which witness my hand and seal of office.
/s/ Christina Cargill
Notary Public, State of Texas
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