ACCEPTED
03-14-00656-CR
4570106
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/19/2015 4:13:56 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00656-CR
Ron Fuson § INTHE FILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
Vs. § 3rd COURT 3/19/2015 4:13:56 PM
State of Texas § JEFFREY D. KYLE
Clerk
§ OF APPEALS, Austin, Texas
APPELLANT'S SECOND 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) ofthe Texas Rules of Appellate Procedure, and for good cause shows
the following:
1. On MARCH 19, 2015 this counsel filed Appellant's Motion to Extend
Time to File Appellant's Brief.
2. This case is on appeal from the 119th 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 ofthe
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, 2014; the reporter's record
was filed on, November 4, 2014.
8. Appellant's Briefis presently February 10, 2015. Counsel is unable to
file Appellant's Brief on or before February 10.2015. Counsel has spent
the last several months shutting down much of his outer county practice
due to his recent divorce and obtaining 50% custody of his children in
order to be available for them, as well as continuing to run his practice.
Further counsel since the first extension was granted has had Numerous
cases not settle until just prior to trial, which required counsel to prepare
for trial, including State vs. Adrian Rodriguez Cause No. 63 77 In the
119th District court of Runnels county where in the Defendant was
facing 15 to life of a Possession with intent to deliver a controlled
substance charge which was set for trial in February, as well as, a
custody case in Mills county Texas, during February, that resulted in a
week long Jury trial styled, " In the Interest of M.L. W. and T. W. W.
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children" cause No. 07-02-5943. This resulted in this counsel being
away from his office for much of January and February, 20 15 and out of
town. This 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 is appropriate in this matter and is currently drafting that brief.
Counsel anticipates the brief will be ready by no later than March 27,
2015. 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 45 days from the current due date of February 10. 2015 so that
counsel may review the record in this matter and draft a brief.
10. One previous Extension have been granted regarding this matter.
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.
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Respectfully submitted,
Nathan Butler Attorney at law
180 Stoneham
San Angelo, Texas 76905
Tel: (325) 653-2373
Fax: (325) 617-5485
By: Is/ Nathan Butler
Nathan Butler
State bar No. 24006935
Attorney for Appellant
Ron Fusion
CERTIFICATE OF SERVICE
This is to certify that on, March 19, 2015, a true and correct copy of the above
and foregoing document was served on the following by fax to3256586831.
George McCrea
119th District Attorney
124 W. Beauregard
San Angelo, Texas 76903
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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."
Nat an Butler
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on March 19,2015, to certify
which witness my hand and seal of office.
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~ ..,,,,.
lit('.~·~
1:~~\ MELVA LANITA BUTLER
! ! i_j Notary Public. State of Texas
~~;;.... il My Commission Expires Notary Public, State of Texas
.,,:~;...- September 17. 20l a
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