ACCEPTED
03-15-00075-CR
8230859
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/14/2015 4:37:23 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00075-CR
JOHN LYNN KOLSTER § INTHE FILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
vs. § 3rd COURT 12/14/2015 4:37:23 PM
§ JEFFREY D. KYLE
Clerk
STATE OF TEXAS § OF APPEALS, Austin, Texas
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes JOHN LYNN KOLSTER 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 December 14, 2015 this counsel filed Appellant's Motion to
Extend Time to File Appellant's Brief.
2. This case is on appeal from the 391 st District Court of Tom
Green County Texas.
3. The case below was styled In the State vs. John Lynn Kolster
and numbered D-14-0523-SB. Appellant was convicted on November
21, 2014 of Assault, Domestic Violence with prior convictions
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enhanced to a second degree felony, and sentenced to 7 years in the
institutional division of the Texas Department of Criminal Justice
5. A motion for new trial was filed November 20, 2014. Notice of
appeal was given on December 18, 2014.
6. The clerk's record was filed on April 29, 2015; the reporter's
record was filed on February 17, 2015.
8. Counsel is Appointed in this matter. This Counsel was not trial
counsel in this matter, and has recently finished reviewing the record.
Counsel believes that an Ander's Brief in this matter may be
appropriate, and is re-reviewing the record to confirm there is no error
in the trial court's judgement. Counsel believes without additional
time the Appellant will be denied effective assistance of counsel.
9. Counsel, therefore, requests this court extend the time for filing
said Brief to 35 days from the current due date ofNovember 16, 2015.
10. Two 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 76901
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, December 14, 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
TH 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."
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on December 14, 2015, to
certify which witness my hand and seal of office.
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MELVA LANITA BUTLER
Notary Public, State at Texas
~~~
My Cornrntsston Expires Notary Public, State of Texas
''••f..~;.:~•''' Sepfember 17, 2018
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