ACCEPTED
03-15-00510-CR
7444361
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/20/2015 6:31:43 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00510-CR
JOHNNIE LEE WILSON § IN THE FILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
vs. § 3rd COURT 10/20/2015 6:31:43 AM
§ JEFFREY D. KYLE
Clerk
STATE OF TEXAS § OF APPEALS, Austin, T~xas
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes JOHNNIE 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 October 19 2015 this counsel filed Appellant's Motion to
Extend Time to File Appellant's Brief.
2. This case is on appeal from the 391st81 District Court of Tom
Green County Texas.
3. · The case below was styledState vs. Johnnie Wilson and
numbered D-14-0850-SA. The Appellant was convicted of
Aggravated robbery was sentenced to 25 years in the institutional
1
division of the Texas Department of Criminal Justice On April 29,
2015. A Motion for new trial was filed. May 28, 2015.
5. Notice of appeal was giVen on August 11, 2015 after and
extension was granted by this court.
6. The clerk's record was filed on August 27, 2015; the reporter's
record was file on August 21, 2015.
8. Counsel is appointed in this matter. Counsel was not trial counsel in
this matter and needs additional time to review the clerk's record and
reporter's record in the matter and draft the brief in order to render
effective assistance of counsel.
9. Counsel therefore requests this court extend the time for filing
said Brief to days 60 from the current due date of September 28, 2015,
2015.
10. No 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.
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Respectfully submitted,
Nathan Butler Attorney at law
123 S. Washington
San Angelo, Texas 7690 1
Tel: (325) 653-2373
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, October 19, 2015, a true and correct copy of the
above and foregoing document was served on the following by united states mail.
Allison Palmer
District Attorney
51
st 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."
e&.d!!Pt7~
Nathan Butler
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on October 19, 2015, to
certify which witness my hand and seal of office.
Notary Public, State of Texas
s/j>~.Yf;\
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MELVA LANITA BUTLER
Notorv Public. State of Texas
I 4
<:.:~;.:, ...~:.~" My Commission Expires
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