ACCEPTED
03-14-00605-CR
6981290
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/17/2015 4:44:49 PM
JEFFREY D. KYLE
CLERK
CAUSE No. 03-14-00605-CR
IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
FOR THE THIRD COURT OF APPEALS DISTRICTAUSTIN, TEXAS
AUSTIN, TEXAS 9/17/2015 4:44:49 PM
JEFFREY D. KYLE
Clerk
HOW ARD THOMAS DOUGLAS,
Appellant,
vs.
THE STATE OF TEXAS,
Appellee.
On appeal from Cause No. D-1-DC-12-900059, in the 331st Judicial District Court,
Travis County, Texas
APPELLANT'S FIRST MOTION FOR
EXTENSION OF TIME TO FILE REPLY BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Appellant, Howard Thomas Douglas, and files this Motion
for Extension of Time to File Appellant's Reply Brief, and in support thereof
respectfully shows this Court the following:
I.
APPELLANT SEEKS EXTENSION OF TIME TO FILE REPLY BRIEF
1. Appellant is appealing his conviction in the 331 st Judicial District
Court of Travis County, Texas, for the felony offense of securing execution of a
document by deception.
APPELLANT'S FIRST MOTION TO EXTEND TIME TO FILE BRIEF PAGE 1
2. Appellant's Reply Brief is currently due to be filed on September
17, 2015.
3. Appellant requests additional time in which to prepare his Reply
Brief because Appellant's counsel's attention has been devoted lately to several
other matters: First, this Court issued its opinion in a similar case involving
Appellant, Cause No. 03-13-00092-CR, on August 26, 2015, and Appellant's
counsel herein - who also represents Appellant on the earlier matter - devoted time
to preparing a Motion for Rehearing and Motion for Rehearing En Banc on that
matter; Second, this Court's opinion in Cause No. 03-13-00092-CR is highly
relevant to the briefing in this matter, and counsel needs additional time to further
evaluate the Court's recent opinion and apply it to the facts of this case; and Third,
Appellant's counsel is preparing for a civil trial in Cause No. 219-02268-2013,
Preston Sununerside, L.P., v. Great Eats, LLC, et al., which is pending in the 219th
Judicial District Comi of Collin County, Texas, and which is set to go to trial on
Monday, September 21, 2015. As a result, Appellant's counsel has had to devote
significant time recently to preparation for the trial on Preston Summerside v.
Great Eats.
4. Given the nature of the issues expected to be addressed in Appellant's
Reply Brief, Appellant's counsel respectfully submits that justice would be better
MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF PAGE2
served by allowing Appellant's counsel additional time m which to prepare
Appellant's Reply Brief.
5. Appellant respectfully moves this Court for an extension of eleven
(11) days in which to file Appellant's Reply Brief. See Tex. R. App. P. 10.5(b ),
38.6(d). Such an extension would make Appellant's Reply Brief due on Monday,
September 28, 2015.
II.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court to
grant Appellant an extension of eleven (11) days in which to file Appellant's
Reply Brief, making the Brief due on or before September 28, 2015. Appellant
fmiher seeks such other relief to which he may be entitled, at law or in equity.
Respectfully submitted,
/S/ Craig M. Price
Craig M. Price
State Bar No. 16284170
Hammerle Finley Law Firm
2871 Lake Vista Dr., Suite 150
Lewisville, Texas 75067
Tel: (972) 436-9300
Fax: (972) 436-9000
Attorney for Appellant
MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF PAGE3
CERTIFICATE OF SERVICE
This is to certify that on September 17, 2015, a true and correct copy of the
above and foregoing document was served on the District Atton1ey's Office, Travis
County, PO Box 1748, Austin, Texas 78767, by facsimile 512-854-9789.
IS/ Craig M. Price
Craig M. Price
MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF PAGE4