Johnnie Lee Wilson v. State

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. 2 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 3 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;\ .:.~,/'! MELVA LANITA BUTLER Notorv Public. State of Texas I 4 <:.:~;.:, ...~:.~" My Commission Expires ··.,:;.~:.~····' SeptemDer 17, 2018