ACCEPTED
03-14-00734-CR
4884376
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/14/2015 2:56:48 PM
NO. 03-14-00734-CR JEFFREY D. KYLE
CLERK
In The Third Court of Appeals
Austin, Texas FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
4/14/2015 2:56:48 PM
BRUCE WAYNE HARKEY JEFFREY D. KYLE
Appellant Clerk
V.
THE STATE OF TEXAS,
Appellee
Cause no. CR5731
On Appeal from the 33rd Judicial District Court of San Saba County,
San Saba, Texas
MOTION FOR EXTENSION OF TIME TO FILE APPELLANT=S
BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellant, Bruce Wayne Harkey, pursuant to Rule 10.5 of the
Texas Rules of Appellate Procedure, by and through his attorney of
record, requests an extension of time to file appellant’s brief, and in
support thereof would show the court the following:
1__ The reporter’s record was filed on December 1, 2014.
The clerk’s record was filed on November 17, 2014.
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2__ Under the court’s briefing schedule, the appellant’s brief is
currently due on March 6, 2015.
3__ The Court Reporter’s Record exceeds ten (10) volumes of
testimony and the trial before the jury was approximately one
and one-half week in duration. More than 100 exhibits were
admitted.
4__ The undersigned attorney has an extensive trial practice,
both civil and criminal. Further, the undersigned counsel has
numerous and regular court appearances consisting of
motions to revoke and suppression hearings. Likewise, the
undersigned is preparing for several jury trials which are
subject to being tried within the following thirty (30) days.
5__ In order to prepare a brief that will be of assistance to the
Court, the undersigned seeks a 30-day extension of time to
file its appellant’s brief, so that the brief will be due on May
15, 2015.
6__ This is the third request for an extension of time to file
Appellant’s brief. This extension is not sought solely for
delay, but is necessary so that justice can be done.
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For these reasons, Appellant respectfully requests that the
Court grant this motion to extend the time for filing
Appellant’s brief and allow that brief to be filed on or before
May 15, 2015. Appellant also requests any other relief to
which it may be entitled.
Respectfully submitted,
/s/ Richard D. Davis
RICHARD D. DAVIS
111 E. Jackson Street
PO Box 398
Burnet, Texas 78611
(512)756-5117
(512) 756-0164 Fax
State Bar No. 05537100
Email:
rdd@austin.twcbc.com
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion
for Extension of Time to File Appellant’s Brief has been hand
delivered, or sent by U.S. mail, certified return receipt requested, or
transmitted by telephonic transfer to the counsel for the State, Gary
W. Bunyard, of the Office of the District Attorney of Llano County,
P.O. Box 725, Llano, Texas 78643; on this the _13th_ day of April,
2015.
/s/ Richard D. Davis
RICHARD D. DAVIS
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CERTIFICATE OF CONFERENCE
The undersigned by his signature below certifies that the District
Attorney’s Office of the 33rd/424th Judicial District has been contacted
and that this motion is not opposed by Appellee.
/s/ Richard D. Davis
Richard D. Davis
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