ACCEPTED
06-15-00120-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
8/18/2015 1:37:14 PM
DEBBIE AUTREY
CLERK
FILED IN
NO. 06-15-00120-CR 6th COURT OF APPEALS
TEXARKANA, TEXAS
8/18/2015 1:37:14 PM
DEBBIE AUTREY
IN THE Clerk
THE SIXTH COURT OF APPEALS
FOR THE STATE OF TEXAS
PATRICK STEWART
Appellant
V.
STATE OF TEXAS
Appellee
APPEAL FROM THE 87TH JUDICIAL DISTRICT COURT
OF FREESTONE COUNTY, TEXAS
TRIAL COURT CAUSE NUMBER 14-153-CR
APPELLANT’S FIRST MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S BRIEF
LAW OFFICE OF STAN SCHWIEGER
600 Austin Avenue, Suite 12
P.O. Box 975
Waco, Texas 76703-0975
(254) 752-5678
(254) 752-7792—Facsimile
E-mail: wacocrimatty@yahoo.com
State Bar No. 17880500
PATRICK STEWART, Appellant, moves for an extension of THIRTY (30)
days in which to file Appellant’s Brief:
I.
On May 19, 2015, Appellant was convicted of the offense of Burglary of a
building in the 87th District Court, in cause number 14-153-CR. After being found
guilty, Appellant was sentenced to two (2) years in the State Jail Division of the
Texas Department of Criminal Justice.
II.
REQUIRED INFORMATION PURSUANT TO THE RULES OF
APPELLATE PROCEDURE
A. The deadline for filing the extension:1 August 19, 2015.
B. The length of the extension sought:2 THIRTY (30) days.
C. The facts relied upon to reasonably explain the need for the
extension:3
Appellant’s attorney is a sole practitioner engaged in the practice of
criminal law. Said attorney has a heavy caseload and has been engaged
in other criminal matters, including jury trials, preparation of other
appeals, and other case related matters. Counsel will have tried two
child sexual assault trials during the pendancy of this matter.
1
TEX. R. APP. P. 10.5(b)(1)(A).
2
TEX. R. APP. P. 10.5(b)(1)(B).
3
TEX. R. APP. P. 10.5(b)(1)(C).
Appellant’s First Motion to Extend Time to File Brief Page 2
D. Number of previous extensions granted for previous Motions for
Extension:4 None.
III.
The additional time requested is not sought solely for delay, nor sought
frivolously, but will be of genuine assistance to Appellant’s attorney in preparing
Appellant’s brief.
REQUEST FOR RELIEF
Appellant prays that the Court grant this Motion and extend the deadline for
filing Appellant’s brief to September 18, 2015. In the alternative, Appellant requests
that this Court grant such additional time as is just and proper.
Respectfully submitted,
LAW OFFICE OF STAN SCHWIEGER
/s/ Stan Schwieger
Stan Schwieger
600 Austin Avenue, Suite 12
P.O. Box 975
Waco, Texas 76703-0975
(254) 752-5678
(254) 752-7792—Facsimile
E-mail: wacocrimatty@yahoo.com
State Bar No. 17880500
ATTORNEY FOR APPELLANT
4
TEX. R. APP. P. 10.5(b)(1)(D).
Appellant’s First Motion to Extend Time to File Brief Page 3
CERTIFICATE OF SERVICE
A copy of this Motion was delivered to the Freestone County District
Attorney’s Office, Chris Martin at chris.martin@co.freestone.tx.us on August 18,
2015 by this Court’s electronic filing service.
/s/ Stan Schwieger
Stan Schwieger
Appellant’s First Motion to Extend Time to File Brief Page 4