ACCEPTED
12-14-00342-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
3/6/2015 4:15:20 PM
CATHY LUSK
CLERK
NO. t2-14-00342-CR
FILED IN
12th COURT OF APPEALS
STATE OF TEXAS S IN THE TYLER, TEXAS
$ 3/6/2015 4:15:20 PM
vs. $ 12th couRT CATHY S. LUSK
Clerk
$
VERA L. CLERKLEY $ OF APPEALS
MOTIOI{ TO EXTEND TIME TO FILE APPELLANTIS BRIEF
TOTHEHONORABLEJUSTICESOFSAIDCOURT:
Now comes Vera L. Clerkley, 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 of the Texas Rules of Appellate Procedure, and
for good
cause shows the following:
1. This case is on appeal from the 3rd Judicial District Court of
Anderson CountY, Texas.
2. The case below was styled the STATE OF TEXAS vs' Vera L'
Clerkley, and numbered 31399.
3.AppellantwasconvictedofTheftofProperty>:1500<2K.
20,2014'
4. Appellant was assessed a sentence of one yeas on october
5. Notice of appeal was given on October 22'2014'
the reporter's
6. The clerk,s record was filed on December 15, 2014;
record was filed on January 20,2015'
7. The appellate brief is presently due on February 19,2015.
8. Appellant requests an extension of time of 15 days from the present
date, i.e. March 6,2015.
g. No extension to file the brief has been received in this cause.
10. Defendant is currently incarcerated'
1 1. Appellant relies on the following facts as good cause for the requested
extension:
On February 18, 2015 this court entered a Per Curiam Order On
Abatement And Remand. In that order the trial court was given 30 days to
supplement the record regarding the trial court's certification as to Appellant's
right to appeal. A hearing on that issue is set for March 16,2015' Undersigned
counsel evidently misunderstood that order of Abatement as it applied to the
briefing deadline.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
for
Court grarrtthis Motion To Extend Time to File Appellant's Brief, and
such
other and further relief as the Court may deem appropriate.
RespectfullY submitted,
Wm. M. House.Jr., AttorneY atLaw
800 North Church
Palestine, Texas 75801
Tel: (903) 723-2077
Fax: (903) 723-6323
in. M. House, Jr.
State Bar No. 10045000
wmmhous ej r@embarqmail. com
Attorney for Vera L. ClerkleY
CERTIFICATE OF SERVICE
This is to certiff that on March 6,2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Anderson
County, Texas, by personal delivery.
STATE OF TEXAS $
$
COUNTY OF ANDERSON $
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Wm. M. House, Jr., 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 Motion To Extend Time to
File Appellant's Brief and swear that all of the allegations of fact
contained therein are true and correct."
Wm. M. House, Jr
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on
2Ol5,to certify which witness my hand
CAR0LYN NEWGEi\rr
MY COMMISSION EXprF,i:.j
February 11,2017