ACCEPTED
03-14-00655-CR
4606511
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/23/2015 3:44:31 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00655-CR
FILED IN
3rd COURT OF APPEALS
NATHANIEL J. FRAZIER, JR. § IN THE COURT OF APPEALS
AUSTIN, TEXAS
§ 3/23/2015 3:44:31 PM
VS. § THIRD DISTRICT
JEFFREY D. KYLE
§ Clerk
STATE OF TEXAS § OF TEXAS
APPELLANT’S SECOND MOTION TO EXTEND TIME TO FILE
APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes NATHANIEL J. FRAZIER, JR. AKA NATHANIEL J.
FRAZIER, 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 391ST Judicial District Court of TOM
GREEN County, Texas.
3. The case below was styled the STATE OF TEXAS vs. NATHANIEL J.
FRAZIER, JR. AKA NATHANIEL J. FRAZIER, and numbered D-13-0958-SA.
4. Appellant was convicted of Assault family/house member impede
breath/circulation, enhanced to a second degree felony.
5. Appellant was assessed a sentence of Eighteen (18) years confinement
in the Institutional Division of the Texas Department of Criminal Justice on July 15,
2014.
6. Notice of appeal was given on October 14, 2014.
7. The clerk's record was filed on November 21, 2014; the reporter's
record was filed on November 5, 2014. Counsel for the Appellant initially
requested the entire clerk’s record. On January 12, 2015, this Honorable Court sent
a letter to the clerk notifying them that the supplemental clerk’s record was late.
The original clerk’s record that was filed with this Honorable Court was missing
numerous motions, pretrial hearing documents, as well as trial documents, such as
the jury charge. Counsel for Appellant again requested the entire clerk’s record,
specifically marking items that were not included. The supplemental clerk’s record
was filed March 17, 2015.
8. The appellant’s brief is presently due on March 23, 2015.
9. Appellant requests an extension of time of 30 days from the present due
date, i.e. April 22, 2015.
10. This will be the second extension to file the brief under this cause.
11. Defendant is currently incarcerated.
12. Appellant relies on the following facts as good cause for the requested
extension:
Counsel has been working on two other appeals that have been filed with this
Honorable Court within the last two months. One of the appeals was an accelerated
appeal that required a tremendous amount of time to adequately research and write.
Further, the reporter’s record for this case is twelve volumes. Counsel has
been working through the reporter’s record and has identified several key materials
maintained in the District Court Clerk’s file that were not included in the Clerk’s
Record, such as motions by the defendant and the jury charge. There is no way that
Counsel can proceed with the appeal without these documents. These documents
were originally requested with the clerk’s record. Counsel has requested that the
clerk’s record be supplemented. Counsel requires additional time to obtain those
materials and complete Appellant’s brief, and submits that a thirty (30) day
extension would provide sufficient time to obtain the materials and complete the
brief in this matter.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court grant this Second Motion To Extend Time to File Appellant's Brief, and for
such other and further relief as the Court may deem appropriate.
Respectfully submitted,
Ellis & Mock, PLLC
125 South Irving Street
San Angelo, Texas 76903
Tel: (325) 486-9800
Fax: (325) 482-0565
By: /s/ Justin S. Mock
JUSTIN S. MOCK
State Bar No. 24064155
Justin@ellisandmock.com
Attorney for NATHANIEL J. FRAZIER,
JR., AKA NATHANIEL J. FRAZIER
CERTIFICATE OF CONFERENCE
This is to certify that on March 20, 2015, I conferred with Mr. Jason Ferguson,
Assistant District Attorney, District Attorney's Office, Tom Green County, and he
was not opposed to this request.
/s/Justin S. Mock
JUSTIN S. MOCK
CERTIFICATE OF SERVICE
This is to certify that on March 23, 2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Tom Green
County, Mr. Jason Ferguson, by facsimile transmission to 325-658-6813.
/s/ Justin S. Mock
JUSTIN S. MOCK
STATE OF TEXAS §
§
COUNTY OF TOM GREEN §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
JUSTIN S. MOCK, 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 Appellant’s Second Motion To
Extend Time to File Appellant's Brief and swear that all of the
allegations of fact contained therein are true and correct."
/s/ Justin S. Mock
JUSTIN S. MOCK
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on March_23, 2014, to
certify which witness my hand and seal of office.
/s/ Linda Robles
Notary Public, State of Texas