James Michael Reser v. State

ACCEPTED 03-15-00469-CR 7918756 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/20/2015 9:26:26 AM JEFFREY D. KYLE CLERK No. 03-15-00469-CR FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS JAMES MICHAEL RESER, § IN THE 11/20/2015 COURT 9:26:26 AM OF APPEALS JEFFREY D. KYLE Appellant Clerk V. § THIRD DISTRICT THE STATE OF TEXAS, § AUSTIN, TEXAS Appellee APPELLANT’S MOTION FOR EXTENSION OF TIME FOR FILING APPELLANT’S BRIEF Pursuant to Rules 38.6(d) and 10.5(b), Texas Rules of Appellate Procedure, Appellant respectfully moves for an extension of time to file appellant’s brief herein, and in support of said motion would show the following: I. The original deadline for the filing of appellant’s brief is November 23, 2015. II. Appellant’s seeks a 45 day extension of time for filing appellant’s brief, i.e. to January 7, 2016. III. There have been no previous requests for an extension of time to file appellant’s brief either sought or granted. IV. The facts relied upon to reasonably explain the need for an extension are as follows: 1. The appellate record in this case is lengthy. The Reporter’s record consists of 14 volumes plus an additional volume of exhibits. The Clerk’s Record consists of 194 pages. 2. Attorney for Appellant is a solo practicioner with a civil and criminal practice practicing in Williamson and surrounding counties in both state and federal courts. Since receiving the reporter’s record, attorney has had court appearances in Williamson and Bastrop counties. 3. Attorney for Appellant also serves as Of Counsel to the Law Firm of Charles Lance in addition to her own practice, assisting Mr. Lance when the need or opportunity arises. WHEREFORE, appellant prays that this Motion for Extension of Time for Filing Appellant’s Brief be granted and that the deadline for filing appellant’s brief be extended to January 7, 2016. Respectfully submitted, LAW OFFICE OF JANA K. MCCOWN By: /s/ Jana K. McCown Jana K. McCown State Bar No. 14085100 3613 Williams Drive, Suite 102 Georgetown, Texas 78628 Telephone: (512) 635-7575 Facsimile: (512) 868-2229 jkmccownlaw@gmail.com CERTIFICATE OF SERVICE A copy of the foregoing Appellant’s Motion for Extension of Time for Filing Appellant’s Brief was served on November 18, 2015, in compliance with Rule 9.5, Texas Rules of Appellate Procedure through the electronic filing manager and in compliance with Third Court of Appeals Local Rule 3(c), on Assistant District Attorney John Prezas with the Williamson County District Attorney’s office. /s/ Jana K. McCown Jana K. McCown CERTIFICATE OF CONFERENCE On November 18, 2015, Attorney for Appellant held a telephone conference with Assistant District Attorney John Prezas, the appellate attorney for the Williamson County District Attorney’s office regarding this Motion for Extension of Time for Filing Appellant’s Brief. Mr. Prezas advised counsel that he has no objection to the Court granting the motion. /s/ Jana K. McCown Jana K. McCown No. 03-15-00469-CR JAMES MICHAEL RESER, § IN THE COURT OF APPEALS Appellant V. § THIRD DISTRICT THE STATE OF TEXAS, § AUSTIN, TEXAS Appellee ORDER ON APPELLANT’S MOTION FOR EXTENSION OF TIME FOR FILING APPELLANT’S BRIEF On this ____ day of ____________________, 2015, came on to be considered the Motion for Extension of Time for Filing Appellant’s Brief; and the court, having considered said motion, finds that it should be and is hereby GRANTED. It is, therefore, ordered that Appellant shall have until January 7, 2016, to file appellant’s brief herein. __________________________________ Justice, Third Court Of Appeals