ACCEPTED
14-14-00358-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
3/5/2015 2:54:20 PM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 14-14-00358-CR
RON CHRISTOPHER JOHNSON, § IN THE FOURTEENTH
FILEDCOURT
IN
14th COURT OF APPEALS
Appellant, § HOUSTON, TEXAS
§ 3/5/2015 2:54:20 PM
VS. § OF APPEALS,
CHRISTOPHER A. PRINE
§ Clerk
STATE OF TEXAS, §
Appellee. § SITTING IN HOUSTON, TEXAS
THIRD MOTION FOR LEAVE TO FILE
APPELLANT’S BRIEF OUT OF TIME
TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
NOW COMES Appellant, RON CHRISTOPHER JOHNSON, and moves
this Court for leave to file his Appellant’s Brief out of time. For good cause, and
in support of his motion, Appellant respectfully shows the Court the following:
1. Appellant filed his Notice of Appeal on April 30, 2014, and this case began
in this Court on May 7, 2014. Appellant’s brief was originally due on December 1,
2014.
2. Appellant filed his first Motion for Leave to File Appellant’s Brief Out of
Time on December 8, 2014, due to counsel’s mother suffering severe complication
following heart transplant surgery, and a heavy caseload. This Court granted that
request, and ordered Appellant to file his brief on or before January 2, 2015.
Appellant requested a second extension of time within which to file his brief, also
due to his counsel’s mother’s health and inability to receive the Reporter’s Record
in time to meet the extended deadline. This Court granted that motion, and ordered
Appellant’s Brief due on February 2, 2015.
3. Appellant now requests a third extension of the time within which to file his
Appellant’s Brief. Appellant’s counsel’s mother is still undergoing complications
following surgery, and counsel’s presence and attention to her family has been
necessary. At the time of the last request for an extension, Appellant’s counsel
believed in good faith that her mother’s health was improving, and that she would
be able to meet the new deadline. However, her mother’s health has taken yet
another turn for the worse, following months of hospitalization after a heart
transplant.
4. Accordingly, Appellant requests a third, and final, extension until April 1,
2015, to file his Appellant’s Brief. This request is not made for purposes of delay,
but so that his counsel may effectively and thoroughly present his case before this
Court.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully
requests that this Court GRANT his request, and extend the deadline for filing his
Appellant’s Brief until April 1, 2015.
Respectfully submitted,
___/s/ Heather M. Lytle_________
HEATHER M. LYTLE
SBN: 24046487
202 Travis Street, Suite 300
Houston, Texas 77002
Tel. 713-204-7060
Fax 281-786-4539
heather@lytle-law.com
ATTORNEY FOR APPELLANT
RON CHRISTOPHER JOHNSON
CERTIFICATE OF SERVICE
This is to certify that on March 5, 2015, a true and correct copy of the
foregoing instrument was served upon the following counsel of record via
electronic service delivery and/or facsimile:
John Harrity III
Fort Bend County District Attorney
Appellate Division
301 Jackson Street
Richmond, Texas 77469
_____/s/ Heather M. Lytle_______
HEATHER M. LYTLE
Ron Christopher Johnson v. State
Combined Opinion