David Charles Dailey v. State

ACCEPTED 12-15-00102-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 12/30/2015 5:28:20 PM Pam Estes CLERK NO. 12-15-00102-CR ON APPEAL FROM THE 217TH JUDICIAL DISTRICT COURTFILED IN ANGELINA COUNTY, TEXAS 12th COURT OF APPEALS TYLER, TEXAS CAUSE NO. 2014-0700 12/30/2015 5:28:20 PM PAM ESTES TH Clerk DAVID CHARLES DAILEY § IN THE 12 COURT OF APPEALS § § OF vs. § § STATE OF TEXAS § TYLER, TEXAS FOURTH MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF TO THE HONORABLE JUSTICES OF SAID COURT: Now comes David Charles Dailey, 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 217th District Court of Angelina County, Texas. 2. The case below was styled the STATE OF TEXAS vs. David Charles Dailey, and numbered 2014-0700. Appellant was convicted in Count I of Possession of a Controlled Substance and in Count II of Tampering with of Fabricating Physical Evidence. 4. Appellant was assessed a sentence of Ten (10) years in Texas Department of Criminal Justice Institutional Division in Count I and Fifteen (15) years in Texas Department of Criminal Justice Institutional Division in Count II on April 15, 2015. 5. Notice of appeal was given on April 16, 2015. 6. The clerk's record was filed on August 13, 2015; the reporter's record was filed on May 7, 2015. 7. The appellate brief is presently due on October 14, 2015. 8. Appellant requests an extension of time of thirty (30) days from the current due date. 9. Three extensions 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: Counsel has in the past three days completed and submitted two separate briefs for this Court in Cause No. 12-15-00279-CV and in Cause No. 12-15-00275- CV and would like an additional 20 days to finalize this 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. Respectfully submitted: /s/John D. Reeves ____________________ John D. Reeves Attorney at Law 1007 Grant Lufkin, Texas 75901 Phone (936) 632-160 Fax: (936) 632-1640 tessabellus@yahoo.com SBOT # 16723000 Counsel for Appellant CERTIFICATE OF CONFERENCE Pursuant to Tex. R. App. 10.1 (5), certify that I, the undersigned conferred with opposing counsel who is not opposed to an extension. /s/John D. Reeves ___________________________ John D. Reeves CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Appellant’s Motion to Extend Time to file Appellant’s Brief on this 30th day of December, 2015 forwarded to State’s Attorney, April Ayers-Perez, Angelina County, by electronic service at aprerez@angelinacounty.net. /s/John D. Reeves __________________________ John D. Reeves Attorney for Appellant, David Charles Dailey