ACCEPTED
05-14-01399-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
3/30/2015 12:22:51 PM
LISA MATZ
CLERK
IN THE COURT OF APPEALS
FOR THE FIFTH DISTRICT
DALLAS, TEXAS FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
3/30/2015 12:22:51 PM
CHRISTOPHER LEE COLE § LISA MATZ
Clerk
Appellant §
§
VS. § APPEAL NUMBERS
§ 05-14-01398-CR
§ 05-14-01399-CR
STATE OF TEXAS §
Appellee §
On Appeal from Criminal District Court Number Six
of Dallas County, Texas
No. F-13-53515
No. F-13-53516
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF THE COURT:
To the Honorable Justices of the Court of Appeals:
Now Comes the Appellant Cole, by and through counsel, and moves
the Court to extend the time for filing Appellant’s Brief to Tuesday, March
31, 2015. In support of this request, Appellant presents the following:
1. Appellant’s Brief was due on January 2, 2015.
2. Counsel received the notice of the completion of the record, but
erred in thinking that the Court of Appeals was still waiting on the Court
Reporter’s Statement of Fact and did not calendar the due date for the
Appellant’s Brief. Then Counsel confused this case with another appeal
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF PAGE 1
(State v. Cody Jones, 15-14-01431-CR) and thought he had already filed the
brief. Counsel was not aware of his mistake until he compared the February
3, 2015 notice from the Court with the order he received in the Jones v. State
case after notice from the District Court.
3. The failure to file the Appellant’s brief was not the fault of the
Appellant in any way. The failure to file the brief by Tuesday, March 31,
2015 will not delay the appeal proceeding in any significant manner.
4. Appellant contends that the failure to file the brief timely was
the result of excusable neglect as opposed to an intentional act. Further,
since Appellant is indigent, he would be entitled to file a late brief. See Ex
parte Daigle, 848 S.W.2d 691, 692 (Tex. Crim. App. 1993) (habeas corpus
applicant was entitled to a new appeal based on appellate counsel's
ineffectiveness for failing to raise point of error on appeal concerning trial
court's denial of defendant's timely request for jury shuffle, which, under
then-prevailing law, was automatic reversible error). Effective assistance of
counsel on appeal cannot be afforded an appellant unless an appellate brief
is filed in his behalf. See Guillory v. State, 557 S.W.2d 118 (Tex. Cr. App.
1977).
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF PAGE 2
Wherefore, Premises considered, Appellant prays that this motion be
granted and that time for filing Appellant’s Brief be extended to March 31,
2015.
Respectfully Submitted,
/s/Ronald L . Goranson
RONALD L. GORANSON
2828 Routh Street, Suite 675
Dallas, Texas 75201
(214) 651.1122 / (214) 871-0420 (fax)
State Bar No. 08195000
ATTORNEY FOR APPELLANT
CERTIFICATE O F SERVICE
I, the undersigned, do hereby certify that a true and correct copy of this
Motion to Extend was delivered to Ms. Lori Ordiway, Assistant District
Attorney, Appellant Division, Dallas County District Attorney’s Office, 133
N. Riverfront Blvd, 10th floor, Dallas, Texas, 75207 on March 30, 2015.
/s/Ronald L . Goranson
RONALD L. GORANSON
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF PAGE 3