ACCEPTED
03-14-00656-CR
3894177
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/26/2015 11:21:28 AM
JEFFREY D. KYLE
CLERK
NO. 03-14-00656-CR
FILED IN
Ron Fuson § INTHE 3rd COURT OF APPEALS
§ AUSTIN, TEXAS
Vs. § 3rd COURT 1/26/2015 11:21:28 AM
JEFFREY D. KYLE
State of Texas § Clerk
§ OF APPEALS, Austin, Texas
APPELLANT'S MOTION TO EXTEND TIME TO FILE Appellant's Brief
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Ron Fuson 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 January 23, 2015 this counsel filed Appellant's Motion to Extend
Time to File Appellant's Brief.
2. This case is on appeal from the !19th Judicial District, Tom Green
County, Texas.
3. The case below was styled the State of Texas vs.Ron Fuson, and
numbered C-12-0998-SB. The Defendant was convicted of Failure to
register as a sex offender on September 12, 2014.
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4. Appellant was sentenced to five years in the Institutional Division of the
Texas Department of Criminal Justice.
5. Notice of appeal was given on October 14, 2014.
6. The clerk's record was filed on November 12, 20 14; the reporter's record
was filed on, November 4, 2014.
8. Appellant's Brief is presently December 12,2014. Counsel is unable to
file Appellant's Brief on or before December 12,2014. Counsel, had not
had adequate time to review the clerk's record and reporter's record or
to conduct an investigation and prepare a proper brief by the present
deadline. Counsel believes that an anders brief may be appropriate in
this matter. Counsel believes without additional time to prepare said
brief appellant will be denied effective assistance of counsel in this
matter. Counsels failure to file the brief timely was inadvertent and not a
conscious disregard of the courts deadlines.
9. Counsel therefore requests this court extend the time for filing said Brief
to 90 days from the current due date of December 12, 2014 so that
counsel may review the record in this matter and draft a brief..
10. no previous Extensions has been granted regarding this matter.
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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.
Respectfully submitted,
Nathan Butler Attorney at law
180 Stoneham
San Angelo, Texas 76905
Tel: (325) 653-2373
Fax: (325) 617-5485
By:/s/ Nathan Butler
Nathan Butler
State Bar No. 24006935
Attorney for Appellant
Ron Fuson
CERTIFICATE OF SERVICE
This is to certify that on, January 23,2015, a true and correct copy of the above
and foregoing document was served on the following by fax to3256586831.
George McCrea
1191h District Attorney
124 W. Beauregard
3
San Angelo, Texas 76903
Is/Nathan Butler
Nathan Butler
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."
Nathan Butler
Affiant
SUDSCRIDED AND SWORN TO BEFORE ME on January 23, 2015, to
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certifY which witness my hand and seal of office.
Notary Public, State of Texas
4"1'!!. MELVA LANITA BUTLER
~
FJ(;~ Notorv Put>llc. State of Texos
. My Commission Expires
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111-'
September 17. 2018
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