ACCEPTED
03-14-00527-CR
5094413
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/30/2015 9:38:26 AM
JEFFREY D. KYLE
CLERK
IN THE THIRD COURT OF APPEALS
FOR THE STATE OF TEXAS
FILED IN
3rd COURT OF APPEALS
JAMES ALAN WEATHERFORD AUSTIN, TEXAS
4/30/2015 9:38:26 AM
V. NO. 03-14-00527-CR
JEFFREY D. KYLE
Clerk
THE STATE OF TEXAS
APPELLANT’S FOURTH MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
COMES NOW, James Alan Weatherford, by and through his attorney
of record, Dal Ruggles, and files this his Fourth Motion for Extension of
Time to File Brief and in support thereof, would show the Court the
following:
I.
That the above-styled and numbered cause is styled The State of
Texas v. James Alan Weatherford, Cause Number 14-0874-K368 in the
368th Judicial District Court of Williamson County, Texas. Appellant was
sentenced on July 23, 2014.
II.
Appellant plead guilty to counts 2, 3, and 4 of Promotion of Child
Pornography and counts 5-26 of Possession of Child Pornography with no
agreed plea recommendation. Appellant went to the Court for punishment.
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The trial court assessed punishment on counts 2, 3, and 4 at twenty (20)
years imprisonment for each count to be served consecutively and five (5)
years imprisonment for counts 5-26 to run concurrent with count 4. The
date of sentencing was July 23, 2014.
III.
Appellant’s notice of appeal was filed on August 20, 2014. A motion
for new trial was filed on August 21, 2014. The reporter’s record was filed
on November 19, 2014. The clerk’s record was filed on September 8, 2014.
Supplemental clerk’s records were filed on September 18, 2014, November
21, 2014, November 24, 2014 and November 26, 2014. The due date for the
brief is Thursday, April 30, 2015.
IV.
This is Appellant’s fourth motion for extension of time to file
his brief. Appellant respectfully requests a twenty-one day extension of time
to file the brief, which would make such brief due on Thursday, May 21,
2015.
V.
Counsel is currently working on several felony appeals, one of which,
Daniel Raymond Vadnais v. State of Texas, Cause No. 03-14-00578, will be
completed and submitted tomorrow, May 1, 2015. Counsel will then be able
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to devote his full attention to completing Appellant’s brief for this cause
number along with Appellant’s corresponding brief for cause number 03-14-
00528-CR. Counsel has completed his review of the record and the research
associated with several extensive legal arguments that will be presented in
both of Appellant’s cases. He has not been able to devote sufficient time to
complete the final draft of Appellant’s briefs however due to his demanding
workload. For this reason the undersigned attorney asks that this extension
be granted so that he may devote the additional time necessary to effectively
represent Appellant and so that justice may be done in this case.
Respectfully Submitted,
/s/ Dal Ruggles
DAL RUGGLES
Attorney at Law
1103 Nueces St.
Austin, Texas 78701
Phone: (512) 477-7991
Facsimile: (512) 477-3580
SBN: 24041834
Email: dal@ruggleslaw.com
ATTORNEY FOR APPELLANT
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CERTIFICATE OF SERVICE
I, Dal Ruggles, hereby certify that a true and correct copy of the
foregoing Appellant’s Fourth Motion for Extension of Time to File Brief
was e-served to Mr. John C. Prezas of the Williamson County District
Attorney's Office on this the 30th day of April, 2015.
/s/ Dal Ruggles
DAL RUGGLES
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