ACCEPTED
12-15-00198-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
12/21/2015 9:50:32 AM
Pam Estes
CLERK
NO. 12-15-00198-CR
FILED IN
DEVAUGNDRA RASHAD § IN THE 12th COURT OF APPEALS
TYLER, TEXAS
MILLER
12/21/2015 9:50:32 AM
§ PAM ESTES
VS. § 12th COURT Clerk
§
THE STATE OF TEXAS § OF APPEALS
§
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Devaugndra Rashad Miller, 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 3rd Judicial District Court of
Anderson County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Devaugndra
Rashad Miller, and numbered 31978.
3. Appellant was convicted of Count 1-Agg Robbery, Count 2-Agg
Kidnapping, Count 3 Burglary of Habitation, Count 4-Injury Child/Elderly/Disable
W/Int Bodily Inj.
4. Appellant was assessed a sentence of 14 years Count 1, 14 years count
2, 10 years count 3, 10 yearsa count 4. on 7/29/2015.
5. Notice of appeal was given on 7/31/2015.
6. The clerk's record was filed on 9/23/2015; the reporter's record was
filed on 11/20/2015.
7. The appellate brief is presently due on 12/21/2015.
8. Appellant requests an extension of time of 30 days from the present
date, i.e. 1/17/2016.
9. No extension to file the brief has been received in this cause.
10. Defendant is currently incarcerated.
11. Appellant relies on the following facts as good cause for the requested
extension: The Reporter's record does not contain State's exhibit #22 nor
Defendant' exhibit 1.The notation in the record states Audio Interview Held in
Anderson Co. District Clerk's Office, Could Not Be Attached To Record.
The undersigned has contacted both the reporter and the clerk. The ckerk
says it is the responsibility of the reporter to provide me a copy and submit the
original to the Court. The reporter says I should be able to check it out of the
clerk's office and make a copy, but that would not submit it to the court. I can not
prepare a brief without knowing what took place in the audio interview with
Appellant.
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.
Respectfully submitted,
Wm. M. House, Jr., Attorney at Law
800 North Church
Palestine, Texas 75801
Tel: (903) 723-2077
Fax: (903) 723-6323
State Bar No. 10045000
wmmhousejr@embarqmail.com
Attorney for Devaugndra Rashad Miller
CERTIFICATE OF SERVICE
This is to certify that on December 18, 2015, a true and correct copy of the
above and foregoing document was served on the District Attorney's Office,
Anderson County, Texas, by personal delivery.
STATE OF TEXAS
COUNTY OF ANDERSON
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Wm. M. House, Jr., 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."
Wm. M. House,
A ffi ant
SUBSCRIBED AND SWORN TO BEFORE ME on , 2015,
to certify which witness my hand and seal of office.
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,,,,,,,,,,
MARY 1. JOHNSON
=:* 01- Notary Public, State of Texas
. 2 My Commission Expires
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June 18, 2019