ACCEPTED
03-14-00656-CR
5462309
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/29/2015 6:51:33 AM
JEFFREY D. KYLE
CLERK
NO. 03-14-00656-CR
Ron Fuson § INTHE FILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
Vs. § 3rd COURT 5/29/2015 6:51:33 AM
State of Texas § JEFFREY D. KYLE
Clerk
§ OF APPEALS, Austin, Texas
APPELLANT'S MOTION TO EXTEND TIME TO FILE APPELLANT'S
BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Ron Fuson 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 (d) of the Texas Rules of Appellate Procedure, and for good cause shows
the following:
1. On May 29,2015 this counsel filedAppellant'sMotion to Extend Time
to File Appellant's Brief.
2. This case is on appeal from the 119th Judicial District, Tom Green
County, Texas.
3. The case below was styled the State of Texas vs.Ron Fuson, and
numbered C-12-0998-SB. The Defendant was convicted of Failure to
register as a sex offender on September 12, 2014.
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4. Appellant was sentenced to five years in the Institutional Division of the
Texas Department of Criminal Justice.
5. Notice of appeal was given on October 14,2014.
6. The clerk's record was filed on November 12, 2014; the reporter's record
was filed on , November 4, 2014.
8. Appellant's Brief is presently May 6, 2015. Counsel is unable to file
Appellant's Brief on or before may 6, 2015. Counsel has spent the last
several months shutting down much of his outer county practice due to
his recent divorce and obtaining 50% custody of his children in order to
be available for them, as well as continuing to run his practice. Further
counsel since the first extension was granted has had Numerous cases
not settle until just prior to trial, which required counsel to prepare for
trial, including State vs. Adrian Rodriguez Cause No. 6377 In the 119th
District court of Runnels county where in the Defendant was facing 15
to life of a Possession with intent to deliver a controlled substance
charge which was set for trial in February, as well as, a custody case in
Mills county Texas, during February, that resulted in a week long Jury
trial styled," In the Interest ofM.L.W. and T.W.W. children" cause No.
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07-02-5943. This resulted in this counsel being away from his office for
much of January and February, 2015 and out of town. Counsel spent
much of March and April catching up at his office after a busy trial
months in January and February. This Counsel, had not had adequate
time to review the clerk's record and reporter's record or to conduct an
investigation and prepare a proper briefby the present deadline. Counsel
believes that an anders brief is appropriate in this matter. Counsel
believes without additional time to prepare said brief appellant will be
denied effective assistance of counsel in this matter. Counsels failure to
file the brief timely was inadvertent and not a conscious disregard of the
courts deadlines. Counsel believes no further extensions will be
necessary.
9. Counsel therefore requests this court extend the time for filing said Brief
to 30 days from the current due date of May 6, 2015 so that counsel
may review the record in this matter and draft a brief.
10. three previous Extensions have been granted regarding this matter.
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.
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Respectfully submitted,
Nathan Butler Attorney at law
180 Stoneham
San Angelo, Texas 76905
Tel: (325) 653-2373
Fax: (325) 617-5485
By: Is/ Nathan Butler
Nathan Butler
State bar No. 24006935
Attorney for Appellant
Ron Fusion
CERTIFICATE OF SERVICE
This is to certify that on, May 29, 2015, a true and correct copy of the above
and foregoing document was served on the following by fax to3256586831.
George McCrea
119th District Attorney
124 W. Beauregard
San Angelo, Texas 76903
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Is/Nathan Butler
Nathan Butler
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STATE OF TEXAS §
§
COUNTY OF Tom Green §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Nathan Butler, who after being duly sworn stated:
"I am the attorney for the appellant in the above numbered and entitled
cause. I have read the foregoing Appellant's Motion To Extend Time to
File Appellant's Brief and swear that all of the allegations of fact
contained therein are true and correct."
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on May 29, 2015, to certify
which witness my hand and seal of office.
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