Walter Lewis Griffis v. State

ACCEPTED 100 OZ:60 LIOZ-6Z-II 12-17-00200-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 11/29/2017 9:32 AM Pam Estes CLERK CAUSE NUMBER 12-17-00200-CR WALTER LEWIS GRIFFIS § IN THE FILED IN § 12th COURT OF APPEALS VS. § TYLER, TWELFTH JUDICIAL TEXAS DISTRICT § 11/29/2017 9:32:44 AM THE STATE OF TEXAS § COURT OF APPEALS PAM ESTES Clerk APPELLANT'S SECOND MOTION TO EXTEND TIME TO FILE BRIEF TO THE HONORABLE JUDGES OF SAID COURT: COMES NOW Appellant Walter Lewis Griffis, by and through Colin D. McFall, Attorney of Record, in the above numbered and styled cause, pursuant to Rule 10.5 (b) and Rule 38.6 (d), Texas Rules of Appellate Procedure, and for good cause moves this Court grant Appellant's Second Motion to Extend Time to File Brief In support of said motion, the Appellant would respectfully show this Honorable Court the following: I. Pursuant to Rule 10.5(b) (1) (A), Texas Rules of Appellate Procedure, Appellant's Brief was due on the 27th day of November 2017. II. Pursuant to Rule 10.5(b) (1) (B), Texas Rules of Appellate Procedure, Appellant respectfully request a thirty (30) day extension of time to file Appellant's Brief. If granted, Appellant's Brief would be due on the 27th day of December 2017. III. Pursuant to Rule 10.5(b) (1) (C), Texas Rules of Appellate Procedure, Counsel relies on the following facts to reasonably explain the need for the requested extension: Counsel is engaged in the multijurisdictional private practice of law. Counsel engages in the practice of family law, juvenile law, criminal defense and quasi criminal proceedings. ZOO OZ :60 LIOZ-6Z-I I Counsel submits his work load is high. Because of the demands of private practice and a high work load, Counsel has not had an effective amount of time to draft an appellate brief. Counsel needs the requested extension of time to effectively represent Appellant. Appellant is entitled to the effective representation of Counsel. IV. Pursuant to Rule 10.5(b) (1) (D), Texas Rules of Appellate Procedure, this is Counsel's second motion for an extension of time to file Appellant's Brief. V. Pursuant to Rule 10.1(5), Texas Rules of Appellate Procedure, Counsel was not able to consult with opposing counsel, to confirm the instant motion is unopposed. VI. WHEREFORE, PREMISES CONSIDERED, Appellant Walter Lewis Griffis, prays the Appellate Court grant Appellant's Second Motion to Extend Time to File Brief, and grant Counsel an additional thirty (30) days to file Appellant's Brief. RESPECTFULLY SUBMITTED, 606 East Crawford Street Palestine, Texas 75801-2963 OLIN D. 'ALL Telephone: 903-723-1923 Attorney at Law Facsimile: 903-723-0269 Texas Bar Number: 24027498 Email: cmcfall@mcfall-law-office.com OZ:60 LIOZ-6Z-II CERTIFICATE OF SERVICE I, Colin D. McFall, Attorney of Record for the above styled Defendant, hereby certify service of a true and correct copy of the above and foregoing document upon Anderson County Criminal District Attorney's Office, Allyson Mitchell, at amitchell@co.anderson.bc.us, Scott Holden, at sholden@co.anderson.tx , and Brenda Cobble, at bcobble@co.anderson.tx.us, by email transmission, on the P9 y of November 2017. RESPECTFULLY SUBMITTED, 606 East Crawford Street Palestine, Texas 75801-2963 Telephone: 903-723-1923 Attorney at Law Facsimile: 903-723-0269 Texas Bar Number: 24027498 Email: cmcfall@mcfall-law-office.com 1700 OZ:60LIOZ -6Z-I 1 CAUSE NUMBER 12-17-00200-CR WALTER LEWIS GRIFFIS § IN THE § VS. § TWELFTH JUDICIAL DISTRICT § THE STATE OF TEXAS § COURT OF APPEALS AFFIDAVIT BEFORE ME, the undersigned notary, on this day, personally appeared Colin D. McFall, a person whose identity is known to me. After I administered an oath to Colin D. McFall, upon his oath, he said: "My name is Colin D. McFall. I am over eighteen (18) years of age, of sound mind and capable of making this Affidavit. I am the Attorney of Record for Walter Lewis Griffis, in the above numbered and styled cause. I have read the Appellant's Second Motion to Extend Time to File Brief and swear the facts relied on are within my personal knowledge. SWORN to and SUBSCRIBED before me by Colin D. McFall on the day of November 2017. Public in and for the State of Texas LIZBETT ROMAN Notary ID # 130542064 My Commission Expires My commission expires: 02/16/2020 February 16, 2020