ACCEPTED
03-15-00228-CR
6445945
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/11/2015 2:05:07 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00228-CR
In The Court of Appeals FILED IN
3rd COURT OF APPEALS
For the Third District AUSTIN, TEXAS
Austin, Texas 8/11/2015 2:05:07 PM
____________________________________________
JEFFREY D. KYLE
Clerk
CLIFTON CREWS HOYT,
Appellant
versus
STATE OF TEXAS,
Appellee
_____________________________________________
On Appeal From A DWI Conviction Obtained in
the 391ST Judicial District Court, TOM GREEN County,
MARCH 17, 2015, No. D-13-0316-SB, Honorable
TOM GOSSETT, Judge Presiding
_____________________________________________
APPELLANT’S UNOPPOSED FIRST MOTION TO EXTEND
TIME TO FILE APPELLANT’S BRIEF
By: /s/ John T Floyd
John Thomas Floyd III
Texas Bar No. 00790700
By: /s/ Christopher M. Choate
Christopher M. Choate
Texas Bar No. 24045655
Principal Office
The Kirby Mansion
2000 Smith Street
Houston, TX 77002
Tel: 713-224-0101
Attorneys for Appellant
IDENTITY OF PARTIES AND COUNSEL
John T. Floyd III, SBOT No. 00790700, Appellant’s trial counsel, Principal Office,
The Kirby Mansion, 2000 Smith Street, Houston, Texas 77002, Tel: 713-581-1060.
Christoper M. Choate, SBOT 24045655, Appellant’s trial counsel, Principal
Office, The Kirby Mansion, 2000 Smith Street, Houston, Texas 77002, Tel. 713-
581-1060.
Richard Villarreal, SBOT 00797602, Assistant District Attorney, Tom Green
County, 124 West Beauregard, San Angelo, Texas 76903, Tel: 325-659-6583.
Honorable Tom Gossett, Tom Green County, 112 W. Beauregard, San Angelo,
Texas. 76903, Tel: 325-659-6569.
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellant, Clifton Crews
Hoyt, files this Unopposed First Motion to Extend Time to File Appellant’s Brief.
Appellant’s initial brief is currently due on August 14, 2015.
Undersigned counsel requests a 30-day extension of time to file their initial
brief, making the brief due date on September 14, 2015. This is the first request for
extension of time to file the opening brief.
The issues in this case, though not complex, require additional time to
prepare a cogent brief. In addition, Counsel’s other court obligations, including
settings for trial and motions to suppress, have detracted from Appellant’s case.
Assistant District Attorney Richard Villarreal, counsel for the State, has
indicated to undersigned counsel that the State of Texas is unopposed to this
motion.
All facts recited in this motion are within the personal knowledge of the
counsel signing this motion, and therefore no verification is necessary under Texas
Rule of Appellate Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, Appellant requests that this Court grant this
Unopposed First Motion to Extend Time to File Appellant’s Brief and extend the
deadline for filing the Appellant’s Brief up to and including September 15, 2015.
Appellant requests all other relief to which he may he may be entitled.
This 11th day of August, 2015.
Respectfully submitted,
By: /s/ John T Floyd
John Thomas Floyd III
Texas Bar No. 00790700
By: /s/ Christopher M. Choate
Christopher M. Choate
Texas Bar No. 24045655
Principal Office
The Kirby Mansion
2000 Smith Street
Houston, TX 77002
Tel: 713-224-0101
Attorney for Defendant
CERTIFICATE OF CONFERENCE
Pursuant to Tex. R. App. P. 10.1(5), we certify that the undersigned
conferred with opposing counsel who indicated that he does not oppose this
motion.
/s/ John T Floyd
/s/ Christopher M. Choate
CERTIFICATE OF SERVICE
I certify that, on August 11, 2015, I served a copy of this motion by First Class,
United States mail, facsimile, or any other valid method of service on the
following:
Richard Villarreal
Assistant District Attorney
Tom Green County, Texas
124 W. Beauregard, Suite B
San Angelo, Texas 76903
Tel: 325-659-6584
Fax: 325-658-6831
Richard.Villarreal@co.tom-green.tx.us
/s/ John T Floyd
/s/ Christopher M. Choate
NO. NO. 03-15-00228-CR
In The Court of Appeals
For the Third District
Austin, Texas
____________________________________________
CLIFTON CREWS HOYT,
Appellant
versus
STATE OF TEXAS,
Appellee
ORDER ON APPELLANT’S FIRST UNOPPOSED MOTION TO EXTEND
TIME TO FILE APPELLANT’S BRIEF
The above and foregoing Appellant’s First Unopposed Motion to Extend Time to
File Appellant’s Brief, having been duly considered by the Court, it is hereby
ordered that the Motion be and hereby is GRANTED.
Appellant’s Brief is due to be filed on
_______________________________.
SIGNED on this the ____ day of ____________________, 2015.
______________________________
JUDGE PRESIDING