Mikel Eugene Hall, Jr. v. State

ACCEPTED
06-15-00053-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
8/26/2015 5:52:01 PM
DEBBIE AUTREY
CLERK

IN THE COURT OF APPEALS
Sixth Appellate District
State of Texas FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
MIKEL HALL, 8/27/2015 8:17:00 AM
Appellant DEBBIE AUTREY
Clerk
v. NO. 06-15-00053-CR
Trial Court #2013-F-00107
STATE OF TEXAS,
Appellee

MOTION FOR EXTENSION
OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Mikel Hall, Appellant, by and through his below named

Attorney and pursuant to Texas Rules of Appellate Procedure, hereby requests

an extension of the time period for the filing of the Appellant’s Brief and in

support of same would show the Court as follows:

A. This case is pending from the 5th Judicial District Court of Cass County,

Texas. The date of the Judgment is March 11, 2015, with sentence being

imposed by the trial court on March 11, 2015.

B. The case was styled, “State of Texas v. Mikel Hall, Cause No.

2013F00107, Count I and Count II.

1
C. Appellant was convicted of the offense of Indecency with Child and

Sexual Assault of child.

D. Punishment was assessed by the jury at 15 years in the Institutional

Division of the Texas Department of Criminal Justice.

E. The Appellant’s Brief is due to be filed August 26, 2015.

F. Appellant requests an extension of the filing of Appellant’s Brief of

fifteen days, making the Appellant’s Brief due on September 10, 2015.

G. Appellant’s attorney has been diligent in researching and preparing the

Appellant’s brief for the Court however, due to counsel’s preparation

and attendance for the criminal pre-trial docket in the Circuit Court in

Ashdown, Arkansas on August 4, 2015, and August 11, 2015, hearings in

District Court in Little River County, Arkansas on August 12 and August

19, a contested protective order hearing in the County Court at Law of

Cass County, Texas on August 14, 2015 and family law hearings in

District Court in Bowie County, Texas on August 24, 2015, Appellant’s

counsel has had insufficient time to complete Appellant’s brief.

H. There have been no previous requests for extensions in this cause.

I. Counsel for Appellant has contacted the Assistant Criminal District

Attorney for Cass County, Texas, who is assigned to this matter and she

2
has no objection to the request of the Appellant.

II.

Appellant’s attorney has been diligent in pursuing this appeal and is not

seeking this extension for the purpose of delay.

PRAYER

WHEREFORE, on the basis of the Texas Rules of Appellate Procedure,

Appellant’s attorney respectfully requests this Court to grant the Motion for

Extension of Time for the filing of Appellant’s Brief.

Respectfully submitted,

/s/ Alwin A. Smith
Alwin A. Smith
TBN: 18532200
al@alwinsmith.com
602 Pine Street
Texarkana, Texas 75501
903/792-1608
903/792-0899 Fax

CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing
Motion for Extension of Time to File Appellant’s Brief has been forwarded to
Ms. Courtney Holland, 604 North Highway 8, Linden, Texas 75563, on this
the 24th day of August 2015.

/s/ Alwin A. Smith
Alwin A. Smith