ACCEPTED
03-14-00605-CR
4510750
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/16/2015 1:18:16 PM
JEFFREY D. KYLE
CLERK
CAUSE No. 03-14-00605-CR
IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
FOR THE THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS
AUSTIN, TEXAS
3/16/2015 1:18:16 PM
JEFFREY D. KYLE
Clerk
HOWARD THOMAS DOUGLAS,
Appellant,
VS.
THE STATE OF TEXAS,
Appellee.
On appeal from Cause No. D-1-DC-12-900059,
in the 331 st Judicial District Court,
Travis County, Texas
APPELLANT'S SECOND MOTION FOR
EXTENSION OF TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Appellant, Howard Thomas Douglas, and files this Second Motion for
Extension of Time to File Appellant's Brief, and in suppmi thereofrespectfully shows this Comi
the following:
I.
APPELLANT SEEKS EXTENSION OF TIME TO FILE BRIEF
1. Appellant is appealing his conviction in the 331 st Judicial District Comi of Travis
County, Texas, for the felony offense of securing execution of a document by deception.
2. Appellant's Brief is due to be filed on March 16,2015.
3. Trial lasted one week and resulted in five volumes of testimony and six volumes
of exhibits, and Appellant's counsel needs additional time to review the testimony and evidence,
and to conduct additional research and organize the arguments on behalf of Appellant. Given the
nature of the issues expected to be asserted on appeal in this matter, Appellant's counsel
DEFENDANT'S SECOND MOTION TO EXTEND TIME TO FILE BRIEF PAGEl
respectfully submits that justice would be best served by allowing Appellant's counsel additional
time in which to prepare Appellant's Brief. For example, Appellant anticipates asserting as one
of his arguments on appeal that the evidence was not legally sufficient to support the jury's
verdict of guilty. Appellant's counsel needs additional time to review all of the testimony and
the exhibits in order to present a thorough analysis of such evidence to this Court.
4. Appellant respectfully moves this Court for an extension of thirty (30) days
in which to file Appellant's Brief. See Tex. R. App. P. 10,5(b), 38.6(d), making Appellant's
Brief due on April 15, 20 15.
5. State Does Not Oppose Extension. Appellant's counsel confeiTed via telephone
with Ms. Angie Creasy, counsel for the State of Texas, on March 16, 2015, regarding the merits
of this Motion, and Ms. Creasy stated that the State does not oppose Appellant's motion to
extend time to file Appellant's Brief.
II.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court to grant
Appellant an extension of thirty (30) days in which to file Appellant's Brief, making the Brief
due on or before April 15, 2015. Appellant fmiher seeks such other relief to which he may be
entitled, at law or in equity.
DEFENDANT'S SECOND MOTION TO EXTEND TIME TO FILE BRIEF PAGE 2
Respectfully submitted,
/S/ Craig M. Price
Craig M. Price
State Bar No. 16284170
Hammerle Finley & Scroggins Law Finn
2871 Lake Vista Dr., Suite 150
Lewisville, Texas 75067
Tel: (972) 436-9300
Fax: (972) 436-9000
Attomey for Appellant
CERTIFICATE OF CONFERENCE
I certify that Appellant's cuiTent counsel conferred via email with Ms. Angie Creasy,
counsel for the State of Texas, on March 16, 2015, regarding the merits of this Motion, and Ms.
Creasy stated that she does not oppose Appellant's Second Motion to Extend Time to File
Appellant's Brief.
/S/ Craig M. Price
Craig M. Price
CERTIFICATE OF SERVICE
This is to ce1iify that on March 16, 2015, a true and con·ect copy of the above and
foregoing document was served on the District Attomey's Office, Travis County, PO Box 1748,
Austin, Texas 78767, bye-service.
/S/ Craig M. Price
Craig M. Price
DEFENDANT'S SECOND MOTION TO EXTEND TIME TO FILE BRIEF PAGE3