Jose De La Garza v. State

ACCEPTED 06-15-00123-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 12/2/2015 12:09:09 PM DEBBIE AUTREY CLERK CAUSE NO. 06-15-00123-CR JOSE DE LA GARZA § IN THE COURT OF APPEALS FILED IN § 6th COURT OF APPEALS VS. § SIXTH DISTRICTTEXARKANA, TEXAS § 12/2/2015 12:09:09 PM THE STATE OF TEXAS § STATE OF TEXAS DEBBIE AUTREY Clerk MOTION FOR EXTENSION OF TIME TO FILE BRIEF TO THE HONORABLE JUSTICES OF SAID COURT: NOW COMES STEVEN LOWELL MORTON, the appellant in the above- entitled and numbered cause, by and through his court appointed attorney, and would move the Court to extend the time to file appellant’s brief. I. The deadline for filing appellant’s brief is December 1, 2015. There has been no previous extension in this cause. II. Counsel has not been able to complete his brief as quickly as he believed possible. Counsel has recently gone through an I.T. switch over at his office, and has brought on a new secretary. Things have been hectic but are starting to smooth out. III. Counsel will not have adequate time to brief the important issues in this case. Counsel requests that an additional 60 days be granted for counsel to file appellant’s brief. IV. Counsel has conferred with the State in the past and has been told that the Johnson County DA doesn’t object to a first time extension. WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that the Honorable Court grant this motion or deliver to appellant any remedy available which the court deems appropriate. RESPECTFULLY SUBMITTED, _/s/ Brian Walker___________ BRIAN K. WALKER ATTORNEY FOR DEFENDANT 4 East Chambers Cleburne, Texas 76031 (817) 625-2233 Phone (817) 887-5981 Facsimile Attorney for Appellant CERTIFICATE OF CONFERENCE Counsel for appellant has not conferred with the DA in this matter but has been told by David Vernon in the past that he never objects to the first request for extension. _/s/ Brian Walker___________ Brian K. Walker, Attorney for Appellant CERTIFICATE OF SERVICE As attorney of record for appellant, I do hereby certify that a true and correct copy of the above and foregoing document was provided to the Attorney for the State on the date this motion was electronically filed with the court. _/s/ Brian Walker___________ Brian K. Walker, Attorney for Appellant CAUSE NO. 06-15-00123-CR JOSE DE LA GARZA § IN THE COURT OF APPEALS § VS. § SIXTH DISTRICT § THE STATE OF TEXAS § STATE OF TEXAS ORDER ON MOTION FOR EXTENSION OF TIME On this _______ day of __________________, 2015, came on to be considered the Appellant’s Motion For Extension of Time to File Brief and after consideration, it is the ORDER of this Court that said motion be: ( ) GRANTED, and that the time for Appellant to file Appellant’s brief is hereby extended until the _______ day of ____________________, 2015. ( ) DENIED, to which ruling Appellant excepts. SIGNED this _______ day of _____________________, 2015. ______________________________ JUSTICE PRESIDING