ACCEPTED
03-15-00342-CR
7805097
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/12/2015 3:44:02 PM
JEFFREY D. KYLE
CLERK
CASE NO. 03-15-00342, (TC# D-1-DC-14-904017)
FILED IN
3rd COURT OF APPEALS
LEE ANDREW GREEN VS. STATE OF TEXAS AUSTIN, TEXAS
11/12/2015 3:44:02 PM
JEFFREY D. KYLE
An Appeal following a trial from Clerk
The 403th District Court, Travis County, Texas
No. D-1-DC-14-904017
Styled the State of Texas vs. Lee Andrew Green, Jr.
REQUEST FOR EXTENSION OF TIME TO FILE BRIEF
To The Honorable Clerk of Said Court:
Now comes Lee Andrew Green, Appellant in the above styled cause, and makes
this his Request for Extension of Time to File Brief, and for good cause would show:
I.
Counsel for Appellant received notice of filing the reporter’s record from this
Court on October 15, 2015, stating that the Reporter’s Record was filed in this Court on
October 12, 2015. Under Texas Rule of Appellate Procedure 38.6 (and considering the
state holiday on November 11, 2015), the deadline to file Appellant’s Brief is today, Nov.
12, 2015.
II.
The record on appeal is 10 volumes. There are also hundreds of photographs and
exhibits. The predominant legal issues in the case appear to involve matters of
deficiencies in the Court’s charge to the jury in a relatively new statutory regime. Due to
the press of business, Counsel for Appellant has been unable to complete the review of
the records and legal research required to effectively communicate and argue the
anticipated points of error in the Brief
III.
This is the first request for extension of time filed with the Court in this cause.
Counsel for Appellant requests that the Court grant an extension of time to file
Appellant’s Brief until December 11, 2015.
Respectfully Submitted,
_____/s/ Drew Phipps______
Drew Phipps
Attorney for Appellant
7421 Burnet Rd. #288
Austin, Texas 78757
(512) 476-3111
Bar # 15963050
CERTIFICATE OF SERVICE
I, Drew Phipps, Attorney for Appellant, do certify that on this the 12th day of
November, 2015, a true and correct copy of the foregoing Appellant’s Request for
Extension of Time to File Brief was delivered by email to the Travis County District
Attorney’s Office, Blackwell-Thurman Criminal Justice Center, Austin, Texas 78701.
___/s/ Drew Phipps______
Drew Phipps
(Exhibit 1)
FILE COPY
COURT OF APPEALS
THIRD DISTRICT OF TEXAS
P.O. BOX 12547, AUSTIN,
TEXAS 78711-2547
www.txcourts.gov/3rdc
oa.aspx (512) 463-1733
JEFF L. ROSE, CHIEF JUSTICE JEFFREY D. KYLE, CLERK
DAVID PURYEAR, JUSTICE
BOB PEMBERTON, JUSTICE
MELISSA GOODWIN, JUSTICE
SCOTT K. FIELD, JUSTICE
CINDY OLSON BOURLAND, JUSTICE
October 15, 2015
Mr. Drew B. Phipps
The Honorable Rosemary Lehmberg Drew Phipps, P.C.
District Attorney 7301 Burnet Rd Ste 102-288
Travis County Courthouse Austin, TX 78757-2250
P. O. Box 1748 * DELIVERED VIA E-MAIL *
Austin, TX 78767
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 03-15-00342-CR
Trial Court Case Number: D-1-DC-14-904017
Style: Lee Andrew Green
v. The State of
Texas Dear Counsel:
The seven-volume reporter’s record and exhibits (three volumes), prepared by Ms.
Roxanne Davenport, were filed in this Court on October 12, 2015.
Very truly yours,
JEFFREY D. KYLE, CLERK
BY: Chris Knowles
Chris Knowles, Deputy Clerk
cc: Ms. Roxanne Davenport