ACCEPTED
03-15-00231-CR
6119024
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/17/2015 2:57:42 PM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-15-00231-CR
_________________________________________________
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE COURT OF APPEALS 7/17/2015 2:57:42 PM
FOR THE THIRD DISTRICT OF TEXAS JEFFREY D. KYLE
AUSTIN DIVISION Clerk
_________________________________________________
JONATHAN LEE FEHR §
§
v. §
§
STATE OF TEXAS §
_______________________________________________
APPELLANT’S SECOND MOTION TO EXTEND
TIME TO FILE APPELLANT’S BRIEF
_______________________________________________
Justin Bradford Smith
Texas Bar No. 24072348
Harrell, Stoebner, & Russell, P.C.
2106 Bird Creek Drive
Temple, Texas 76502
Phone: (254) 771-1855
FAX: (254) 771-2082
Email: justin@templelawoffice.com
ATTORNEY FOR APPELLANT
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 1
Fehr v. State; Cause No. 03-15-00231-CR
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Appellant, JONTHAN LEE FEHR, who files this Second
Motion for Extension of Time to File Appellant’s Brief, and shows unto the Court
as follows:
I.
Appellant’s brief is due on or before July 20, 2015.
II.
Appellant seeks an additional thirty (30) days to file his brief, which should
make his brief due on or before August 19, 2015.
III.
Facts relied on to reasonably explain the need for an extension include the
following:
1. Drafting and filing brief on a capital murder appeal Sherill
Small v. Texas; 14-15-00039-CR, in the 14th Court of Appeals,
submitted for filing on July 13, 2015 (accepted after corrections
on July 14, 2015). Work performed frequently if not almost
daily: the record is unusually lengthy (23 volumes for the
Reporter’s Record, and three Clerk’s Records), and Appellant’s
counsel was required to create an appendix due to the volume
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 2
Fehr v. State; Cause No. 03-15-00231-CR
of the exhibits and the fact that they are not Bates-stamped,
which significantly increased the work.
2. Draft and file motion for temporary orders pending appeal,
motion for continuance of motion for new trial/motion for
alternative judgment hearing; attend original hearing and reset
hearing, prepare for reset hearing; and work on modified order;
complete and file docketing statement; in In re: B.M.W., A
Child; Cause No. 231,743-B; 146th District Court, Bell County,
Texas (on appeal, In re: B.M.W., 03-15-00380-CV. Work
performed on June 19, 2015, June 24, 2015, July 2, 2015, July
14, 2015, July 15, 2015, and July 16, 2015.
3. Respond to request from the trial court regarding the State’s
position that no findings of fact and conclusions of law required
in In re: C.P., Cause No. 03-15-00276-CV, in the Third Court
of Appeals. Work performed on June 26, 2016.
4. Review opinion, send to client, and perform legal research
regarding possibility of filing a motion for rehearing in Billy
Wayne Speights v. State of Texas, PD-0543-14, Court of
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 3
Fehr v. State; Cause No. 03-15-00231-CR
Criminal Appeals, issued on July 1, 2015 (motion for rehearing
research done on July 16, 2015).
5. Review opinion and send to client with explanation of petition
for discretionary review process (and enclosing rules and
documents to assist him) for Lane Andrew Pickle v. State,
Cause No. 07-15-00021-CR, Amarillo Court of Appeals.
Opinion issued on June 17, 2015, work performed on June 18,
2015.
6. Initial work (motion for new trial, request reporter’s record,
request clerk’s record) for The State of Texas v. Darrell Wayne
Love, Cause No. 73,401, 27th District Court of Bell County,
Texas. Work performed on July 2, 2015.
7. Complete and file docketing statement for The State of Texas v.
Santos Salinas; Cause No. 42,622; 424th District Court of
Burnet County, Texas; 03-15-00364-CR; Transferred to the
Thirteenth Court of Appeals, 13-15-00310-CR. (Work
performed on June 19, 2015).
8. Prepare Motion for Withdrawal as Counsel and Motion for
Continuance for filing, and related work (draft order, letter to
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 4
Fehr v. State; Cause No. 03-15-00231-CR
client), in Discover Bank v. Rodney C. Stevens, Cause No. 31-
2014-S-0007765. Work performed on June 30, 2015.
9. Final Hearing on Non-Judicial Foreclosure on July 17, 2015 in
21st Century Mortgage Corporation v. Thomas Walker, et al;
Cause No. 271,117-B; 146th District Court, Bell County, Texas
[reset from May].
10. Complete CLE hours (around June 22, 2015 or so).
11. Time lost due to Appellant’s office being closed for
Independence Day on July 3, 2015.
IV.
One previous extension has been requested and granted in this matter.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to
extend his time for filing his brief to thirty (30) days from the date his brief is
currently due.
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 5
Fehr v. State; Cause No. 03-15-00231-CR
Respectfully submitted:
/s/ Justin Bradford Smith
Justin Bradford Smith
Texas Bar No. 24072348
Harrell, Stoebner, & Russell, P.C.
2106 Bird Creek Drive
Temple, Texas 76502
Phone: (254) 771-1855
FAX: (254) 771-2082
Email: justin@templelawoffice.com
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
I hereby certify that, on July 17, 2015, a true and correct copy of the
Appellant’s Second Motion to Extend Time to File Appellant’s Brief was provided
to counsel via the method indicated below:
Llano County District Attorney
c/o Gary W. Bunyard
P.O. Box 725
Llano, Texas 78643
Fax: 325-247-5274
Email: g.bunyard@co.llano.tx.us
VIA ESERVICE
Attorneys for State of Texas
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 6
Fehr v. State; Cause No. 03-15-00231-CR
/s/ Justin Bradford Smith
Justin Bradford Smith
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 7
Fehr v. State; Cause No. 03-15-00231-CR