ACCEPTED
03-14-00707-CR
5233273
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/11/2015 2:44:07 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00707-CR
__________________________________________________________________
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE THIRD DISTRICT OF TEXAS 5/11/2015 2:44:07 PM
______________________________________________
JEFFREY D. KYLE
Clerk
DEVIN DESEAN SIMMONS,
Defendant-Appellant,
v.
THE STATE OF TEXAS,
Plaintiff-Appellee.
______________________________________________
On Appeal from the 264th Judicial District Court
Trial Court Case No. 71988-D
______________________________________________
APPELLANT’S
MOTION FOR EXTENSION
OF TIME TO FILE INITIAL BRIEF
________________________________________________
Robert L. Sirianni, Jr., Esq.
Texas Bar No. 24086378
The Law Offices of Robert Sirianni
201 N. New York Ave., Suite 200
Winter Park, Florida 32789
(p) 407-388-1900
(f) 407-622-1511
Counsel for Defendant-Appellant
__________________________________________________________________
May 11, 2015
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW, DEFENDANT-APPELLANT DEVIN DESEAN
SIMMONS, through undersigned counsel in the above-styled cause, and
respectfully submits this Motion for Extension of Time to File Initial Brief, and as
grounds would show unto the Court the following:
1. The initial Brief is currently due on May 11, 2015.
2. Due to difficulty with the institution in which Defendant-Appellant
Devin Desean Simmons is currently incarcerated, undersigned counsel has not
been able to speak to Defendant-Appellant, Devin Desean Simmons, to
review the Initial Brief, despite having confirmed two (2) legal calls with the
prison facility within the past thirty (30) days.
3. Accordingly, in an abundance of caution, Defendant-Appellant Devin
Desean Simmons respectfully requests that this Court grant a 30-day
extension of time, up to and including June 10, 2015, to file the Initial Brief
in this cause.
4. This extension of time is not requested for the purpose of delay, but so
that the issues on appeal are presented in the clearest and most effective
manner so that justice may be done in this cause. This is Defendant-
Appellant’s second request for an extension of time.
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WHEREFORE, Premises Considered, Defendant-Appellant respectfully
requests the entry of an order granting a 30-day extension of time, up to and
including June 10, 2015, to file the Initial Brief and to provide such further and other
relief that the Court may deem just, fair and equitable.
Respectfully Submitted,
/s/ Robert L. Sirianni, Jr.
Robert L. Sirianni, Jr.
The Law Offices of Robert Sirianni
Texas Bar No. 24086378
201 N. New York Ave., Suite 200
Winter Park, Florida 32789
(p) 407-388-1900
(f) 407-622-1511
Counsel for Defendant-Appellant
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CERTIFICATE OF SERVICE
Undersigned hereby certifies that on this 11th day of May, 2015, the foregoing
document has been served by U.S. Mail, first-class postage prepaid, upon the
following:
Mr. Bob D. Odom
Assistant District Attorney
P.O. Box 540
Belton, TX 76513
/s/ Robert L. Sirianni, Jr.
Robert L. Sirianni, Jr., Esq.
CERTIFICATE OF CONFERENCE
On May 11, 2015, the office of undersigned conferred with attorney Bob D.
Odom. Mr. Odom does not oppose this motion.
/s/ Robert L. Sirianni, Jr.
Robert L. Sirianni, Jr., Esq.
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