ACCEPTED
01-14-00768-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/20/2015 12:11:07 AM
CHRISTOPHER PRINE
CLERK
No. 01-14-00768-CR
In the FILED IN
Court of Appeals 1st COURT OF APPEALS
HOUSTON, TEXAS
For the 7/20/2015 12:11:07 AM
First District of Texas CHRISTOPHER A. PRINE
At Houston Clerk
No. 13-CR-3062
In the 405th District Court of
Of Galveston County, Texas
ROBERT WAYNE ROLLINS
Appellant
v.
THE STATE OF TEXAS
Appellee
APPELLANT’S MOTION FOR EXTENSION OF TIME
IN WHICH TO FILE APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS OF TEXAS:
COMES NOW APPELLANT, by and through his attorney of record on appeal,
Kevin Stryker, in accordance with Rules 10.5(b)(1) and 38.6(d) of the Texas Rules of
Appellate Procedure, and files this motion for extension of time in which to file the
Appellant’s brief in this case, and, in support thereof, presents the following:
Page 1 of 4
1. In the 405th District Court of Galveston County, Texas, in cause number 13-CR-3062
Appellant was convicted of Assault Causing Bodily Injury – Public Servant in The
State of Texas v. Robert Wayne Rollins.
2. On August 28, 2014, the trial court sentenced Appellant to twenty-eight years’
confinement in the Texas Department of Criminal Justice, Institutional Division
(TDCJ), for the offense of Assault Causing Bodily Injury – Public Servant.
3. Appellant timely filed written notice of appeal on August 28, 2014.
4. Appellant’s brief is due on July 20, 2015.
5. This is Appellant’s final motion for extension of time to file Appellant’s appellate
brief on the merits.
6. A final extension of time in which to file the Appellant’s brief is requested until July
27, 2015.
7. The facts relied upon to explain the need for this extension are:
The original court reporter in the case lost the only video entered into
evidence at Appellant’s trial, which was marked and entered at Appellant’s trial as
State’s Exhibit #1. Recently, a DVD alleged to be State’s Exhibit #1 was rediscovered
and the trial court held a verification hearing on July 10, 2015 to determine whether
the found video should be filed with this Court as State’s Exhibit #1. On that day,
Appellate counsel received a certified copy of the DVD now filed with this court as
State’s Exhibit #1. The DVD now filed with this Court as State’s Exhibit #1
contained eight patrol videos, which Appellate counsel was required to review and
incorporate into his appellate brief. Consequently, the requested extension of time is
Page 2 of 4
necessary to permit the undersigned attorney to adequately finish preparing and filing
Appellant’s brief in light of the additional patrol videos contained in State’s Exhibit
#1.
8. Appellant’s motion for extension of time to file Appellant’s brief is not made for
purposes of delay but so that justice may be done.
WHEREFORE, Appellant prays that this Court will grant an extension of time until
July 27, 2015 for the undersigned attorney to complete and file Appellant’s brief in this case.
Respectfully submitted,
/s/ Kevin Stryker
____________________
KEVIN B. STRYKER
Attorney for Robert Wayne Rollins
SBN: 24037565
2600 South Shore Blvd., Suite 300
League City, Texas 77573
Phone: 409-632-0212
Fax: 1-888-252-3033
Email: Strykerlawfirm@gmail.com
CERTIFICATE OF SERVICE
This is to certify that a true and accurate copy of the foregoing instrument has been
served upon Rebecca Klaren, Assistant District Attorney, Galveston County District
Attorney’s Office, at the following e-mail address, through the electronic service system
provided by eFile.TXCourts.gov:
Rebecca.klaren@co.galveston.tx.us
/s/ Kevin Stryker
____________________
KEVIN B. STRYKER
Attorney for Robert Wayne Rollins
SBN: 24037565
2600 South Shore Blvd., Suite 300
League City, Texas 77573
Page 3 of 4
Phone: 409-632-0212
Fax: 1-888-252-3033
Email: Strykerlawfirm@gmail.com
Page 4 of 4