ACCEPTED
03-15-00510-CR
8351275
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/22/2015 4:43:37 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00510-CR
JOHNNIE LEE WILSON § INTHE FILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
vs. § 3rd COURT 12/22/2015 4:43:37 PM
§ JEFFREY D. KYLE
Clerk
STATE OF TEXAS § OF APPEALS, Austin, Texas
MOTION FOR LEAVE TO FILE LATE BRIEF AND TO EXTEND TIME
TO FILE APPELLANT'S BRIEF (Brief Submitted With Motion)
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes JOHNNIE LEE WILSON 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 December 22, 2015 this counsel filed Appellant's Motion
to Extend Time to File Appellant's Brief.
2. This case is on appeal from the 39Pt District Court of Tom
Green County Texas.
3. The case below was styled In the State vs. Johnnie Lee Wilson
and numbered Appellant was convicted on April 21, 2015 of
Aggravated Assault and Sentenced to 25 years in the institutional
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division of the Texas Department of Criminal Justice
5. A motion for new trial was filed May 28, 2015. Notice of
appeal was given on August 11, 2015.
6. The clerk's record was filed on August 27, 2015; the reporter's
record was filed on August 8, 2015.
8. Counsel is Appointed in this matter. This
Counsel was not trial counsel in this matter and Counsel believes without
additional time the Appellant will be denied effective assistance of
counsel.
9. Counsel therefore requests this court extend the time for filing
said Brief to 60 days from the current due date ofNovember 30, 2015.
10. one previous Extension has 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.
Respectfully submitted,
Nathan Butler Attorney at law
123 S. Washington
San Angelo, Texas 76901
Tel: (325) 653-2373
Fax: (325) 482-8064
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By:/s/ Nathan Butler
Nathan Butler
State Bar No. 24006935
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that on, December 22, 2015, a true and correct copy of the
above and foregoing document was served on the following by united states mail.
District Attorney
119
TH District Court Tom Green County
124 W. Beauregard
San Angelo, Texas 76903
Is/Nathan Butler
Nathan Butler
STATE OF TEXAS §
§
COUNTY OF Tom Green §
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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."
<~'
Nathan Butler
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on December 22,2015, to
certify which witness my hand and seal of office.
~~&.tt?~
Notary Public, State of Texas
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~~~\ MELVA lANITA BUTLER
I :· ':t>: Notary Public. State otTexos
of;;.......~:! My Commission Expires
~.z,g:,:.'i-·~ September 17. 2018
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