ACCEPTED
01-15-00303-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
8/3/2015 2:07:37 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00303-CR
In the First Court of Appeals, FILED IN
1st COURT OF APPEALS
Houston, Texas HOUSTON, TEXAS
8/3/2015 2:07:37 PM
CHRISTOPHER A. PRINE
Clerk
CALVIN MCCOLLUM AKA GARY WYMORE
Appellant
v.
THE STATE OF TEXAS
Appellee
Appellant’s Second Motion for
Extension of Time to File Brief
Respectfully Submitted by:
Joseph Kyle Verret
THE LAW OFFICE OF KYLE VERRET, PLLC
Counsel for Appellant
TBN: 240429432
11200 Broadway, Suite 2743
Pearland, Texas 77584
Phone: 281-764-7071
Fax: 281-764-7071 Submitted:
Email: kyle@verretlaw.com August 3, 2015
No. 01-15-00303-CR
In the First Court of Appeals,
Houston, Texas
CALVIN MCCOLLUM AKA GARY WYMORE
Appellant
v.
THE STATE OF TEXAS
Appellee
Appellant’s Second Motion for
Extension of Time to File Brief
Comes now, Appellant, by and through his undersigned counsel, in the
above styled cause and moves this Honorable Court to extend the time for
the filing of Appellant's Brief. Per Texas Rule of Appellate Procedure
10.5(b), Appellant provides the following:
Current Deadline for Filing: August 3, 2015
Length of Extension Sought: Thirty (30) Days
Number of Previous Extensions Granted: One.
Basis for Extensions:
Appellant's counsel is a solo practitioner with a busy criminal and
juvenile defense caseload, which requires regular appearances in court on
the part of counsel.
In the thirty days since the filing of the reporter’s record in this matter,
Appellant counsel has prepared for trial on an Assault Family Violence case,
in the case of The State of Texas v. Warren Jennings in the Cause number of
15-CR-0370 in the 212th Judicial District Court in Galveston County, Texas
set for trial on the 13th day of July, 2015.
Additionally, in the thirty days since the filling of the Appellant’s First
Motion for Time of Extension to File Brief, Counsel has prepared for an
evidentiary hearing on a Motion for New Trial on a Possession of a
Controlled Substance with Intent to Deliver case, in the case of The State of
Texas v, Jose Pablo Hernandez in Cause number 73970, in the 239th Judicial
District Court of Brazoria County, Texas that was held on the 30th day of
July, 2015.
Additionally, in the thirty days since filing of the Appellant’s First
Motion for Time of Extension to File Brief, Counsel has prepared for trial in
an Assault of a Public Servant case, in the case of The Sate of Texas v.
Laquanda Matthews in the cause 13-CR-2885 in the 10th Judicial District
Court of Galveston County, Texas set for trial on the 3rd day of August,
2015.
Additionally, in the thirty days since filing of the Appellant’s First
Motion for Time of Extension to File Brief, Counsel has prepared for trial in
an Aggravated Robbery case, in the case of The State of Texas v. Derrick
Holmes in the cause 14-CR-3002 in the 122nd Judicial District Court of
Galveston County, Texas set for trial on the 3rd day of August, 2015.
All facts recited in this motion are within the personal knowledge of
the counsel signing this motion, therefore no verification is necessary under
Rule of Appellate Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, Appellant requests that this Court
grant this Appellant’s First Motion to Extend Time to File Appellant’s Brief
and extend the Deadline for Filing the Appellant’s Brief up to and including
September 2, 2015. Appellant prays all other relief to which he may be
entitled.
Respectfully submitted,
/s/ Joseph Kyle Verret
Joseph Kyle Verret
THE LAW OFFICE OF KYLE VERRET, PLLC
Counsel for Appellant
TBN: 240429432
11200 Broadway, Suite 2743
Pearland, Texas 77584
Phone / Fax: 281-764-7071
Email: kyle@verretlaw.com
Certificate of Service
I certify that a true and correct copy of the foregoing Appellant's First
Motion for Extension of Time to File Brief was served on this 3rd day of
August, 2015 on the Counsel for the Appellee, Rebecca Klaren, at the
Galveston County Criminal District Attorney’s Office by e-service through
electronic filing.
/s/ Joseph Kyle Verret
Joseph Kyle Verret
TBN: 2402932