ACCEPTED
06-14-00223-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
4/9/2015 10:30:00 AM
DEBBIE AUTREY
CLERK
No. 06-14-00223-CR
IN THE COURT OF APPEALS FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
FOR THE SIXTH APPELLATE DISTRICT
4/9/2015 10:30:00 AM
DEBBIE AUTREY
TEXARKANA, TEXAS Clerk
DALE DEWAYNE FISHER APPELLANT
VS
STATE OF TEXAS APPELLEE
MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT
TO HONORABLE JUDGES OF SAID COURT:
NOW COMES, the Appellant by and through his Attorney, Tim Cone, and does
hereby move this Honorable Court to grant an extension of time for the purpose of filing
the Appellant’s Brief.
I.
Judgment was entered with the 115th District Court of Upshur County, Texas, in
Cause Number 16,741 styled The State of Texas vs. Dale Dewayne Fisher, on the 12th
day of November, 2014. The Appellant’s brief is due on April 15, 2015. This is the
Appellant’s second request for an extension of time for the late filing of Appellant’s
brief.
That the Appellant hereby requests an extension of time to file Appellant’s brief
until May 15, 2015, and will hopefully be the last extension we will ask for and as
reason therefore, would show the court as follows: Appellant’s attorney has recently
submitted a brief in Cory Martin Colvin v. State, Case Number 06-14-00163-CR to the
Sixth Court of Appeals. Further, Appellant’s attorney was preparing for jury trials in
the 115th District Court for the two week session beginning April 13, 2015: State v.
Carlos Bunch, Jr., Cause Number 12503; State v. Alton Ray Easley, Jr., Cause Numbers
16346,16499 and 16647;State v. David Bruce Williams, Cause Number 16580; State v.
Mary Ellen Clark, Cause Number 16723; State v. Christopher Alan Ray, Cause Number
16,784; State v. Kelly Wayne Haney, Cause number 16,881; State v. Stefoni Elyse
Knox, Cause Number 16,854;State v. Jerry Dean Becht, Cause Number 16,907; and
State v. Lester Shane Browning, Cause Number 16,875. Further, Appellant’s attorney
has recently submitted a brief in State v. Roderick King, Case Number 06-14-00166-
CR. Lastly, Appellant’s attorney is in the process of moving his office and home to
another location for the hopefully short time (4-5 months) until he is able to retire. The
move will be completed by April 17, 2015, and the sale of the office/home will be
completed on May 1, 2015.
.
.
WHEREFORE, PREMISES CONSIDERED, the undersigned counsel
respectfully prays that the Honorable Court of Appeals extend the time for the filing of
Appellant’s Brief in this cause to the 15th day of May, 2015.
Respectfully Submitted,
/s/Tim Cone
______________________________
Tim Cone, Attorney At Law
State Bar N. 04660350
P.O. Box 413
Gilmer, Texas 75644
903-725-6270
e-mail: timcone6@aol.com
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing
Appellant’s Motion for Extension of Time to File Brief has been served to Natalie
Miller, Assistant Criminal District Attorney for Upshur County, attorney for Appellee,
on this the 9th day of April, 2015.
/s/Tim Cone
_____________________________
Tim Cone, Attorney At Law
Dale Dewayne Fisher v. State
Combined Opinion