ACCEPTED
06-15-00023-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
7/27/2015 12:00:00 AM
DEBBIE AUTREY
CLERK
SIXTH COURT OF APPEALS
FILED IN
6th COURT OF APPEALS
06-15-00023-CR TEXARKANA, TEXAS
7/27/2015 8:32:00 AM
DEBBIE AUTREY
Clerk
Jessica Boyett, Appellant
v.
State of Texas, Appellee
On Appeal from the 6th Judicial District Court
Lamar County, Texas
Cause Number 25505
Motion to Extend Time to File
Appellant's Brief
THE LAW OFFICE OF KRISTIN R. BROWN
Kristin R. Brown, Attorney
18208 Preston Road, Suite D9375
Dallas, Texas 75252
P: 214-446-3909
F: 214-481-4868
E: kbrown@idefenddfw.com
SBN:24081458
!
To the Honorable Justices of the Court of Appeals:
Appellant Jessica Boyett moves for an extension of time of 30 days to
file the Appellant's Brief [See Tex. Rule App. Proc. 10.5(b) and 38.6(c)]:
1. This case is on appeal from the 6th Court of Appeals of Lamar
County, Texas.
2. The case below is styled the State of Texas v. Jessica Boyett, and is
numbered 25505.
3. On February 3, 2015, sentence was imposed in open court.
4. Appellant was convicted of Conspiracy to Manufacture a
Controlled Substance.
5. Appellant is presently on an appeals bond, and was placed on
community supervision for a period of three years.
6. The reporter's record was filed on July 7, 2015.
7. The clerk's record was filed on March 31, 2015.
8. The Appellant's Brief is due on August 6, 2015.
9. Appellant requests an extension of time of 30 days from the
present due date to file the Appellant's Brief, i.e., until September 5. 2015.
10. No previous extension to file the Appellant's Brief has been filed.
11. Appellant relies on the following facts as good cause for the
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requested extension: Attorney for Appellant has suffered the loss of numerous
close family members in the last few months, and the loss-as well as the
travel necessitated by the loss-has put Attorney for Appellant slightly behind
in her briefing.
12. Further, Attorney for Appellant has the following briefs, petitions
for discretionary review, or other pleadings due soon:
• Ryder v. State, 07-15-00003, appellant's brief due on August 3,
2015 in the Seventh Court of Appeals
• Harrell v. State, 05-15-00133-CR, reply brief due in the Fifth Court
of Appeals
• Aday v. State, 05-14-01593, reply brief due in the Fifth Court of
Appeals
13. In addition, besides her regular trial docket, and additional
upcoming appeals, Attorney for Appellant continues work on a multi-county,
multi count case involving several felonies, and travel and investigation for
this case have been substantial.
14. Finally, Attorney for Appellant continues work on several habeas
cases involving the underlying issue in Miller v. Alabama, 132 S.Ct. 2455
(2012).
15. Attorney for Appellant has a responsibility to provide Appellant
with the effective assistance of appellate counsel, see Evitts v. Lucey, 469 U.S.
3
387, 392 (1985), and Attorney for Appellant believes that that the additional
time is necessary to provide such effective appellate counsel.
16. Attorney for Appellant thus requests the extension so that he may
properly prepare the Appellant's Brief in accordance with Attorney for
Appellant's standards and to provide Appellant the effective assistance of
appellate counsel.
17. This Motion is not filed for purposes of delay, but so that justice
may be served.
Prayer
Appellant prays that this motion for extension of time to file the
Appellant's Brief be granted.
Respectfully submitted,
Kristin R. Brown
18208 Preston Road, Suite 09375
Dallas, Texas 75252
Phone: 214-446-3909
Fax: 214-481-4868
Email: kbrown@idefenddfw.com
TexasBarNo.24081458
Attorney for Appellant
Kristin R. Brown
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Certificate of Service
This certifies that on July 26, 2015, a true and correct copy of this
document was served on Gary Young of the District Attorney's Office, Lamar
County, by email to gyoung@co.lamar.tx.us.
Kris~
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Jessica Boyett v. State
Combined Opinion