ACCEPTED
03-14-00656-CR
6434266
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/10/2015 5:25:00 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00656-CR
RON EVERITTE FUSON § INTHE FILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
vs. § 3rdCOURT 8/10/2015 5:25:00 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 RON EVERITTE FUSON 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 August 10, 2015 this counsel filed Appellant's Motion to Extend
Time to File Appellant's Brief.
2. This case is on appeal from the 119THst District Court of Tom Green
County Texas.
3. The case below was styled In the State vs. Ron Fuson and numbered B-
12-0998- SB Appellant's Community Supervision was revoked and
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Appellant was sentenced to 5 years in the institutional division of the
Texas Department of Criminal Justice
5. Notice of appeal was given on October 14, 2014.
6. The clerk's record was filed on November 12, 2015; the reporter's
record was filed on November 4, 2015.
8. Counsel is Appointed in this matter. Counsel recently discovered that
due to an error in his office brief deadlines were inadvertently missed,
Counsel has corrected the issue but it resulted in this brief being
submitted late. Counsel now believes he has the issue corrected.
9. Counsel therefore requests this court extend the time for filing said Brief
to 20 days from the current due date of June 22, 2015.
10. Six previous Extensions have 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
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Fax: (325) 482-8064
By:/s/ Nathan Butler
Nathan Butler
State Bar No. 24006935
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that on, August 10, 2015, a true and correct copy of the above
and foregoing document was served on the following by united states mail.
MEGAN WHITE
Assistant District Attorney
119
m District Court Tom Green County
124 W. Beauregard
San Angelo, Texas 76903
Is/Nathan Butler
Nathan Butler
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STATE OF TEXAS §
§
COUNTY OF Tom Green §
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."
N~
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on August 10, 2015, to
certify which witness my hand and seal of office.
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