ACCEPTED
06-15-00133-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
10/20/2015 1:48:15 PM
DEBBIE AUTREY
CLERK
No. 06-15-00133-CR
BRANDON BERNARD BATTLE § IN THE SIXTH FILED IN
6th COURT OF APPEALS
§ TEXARKANA, TEXAS
v. § COURT OF10/20/2015
APPEALS 1:48:15 PM
§ DEBBIE AUTREY
Clerk
THE STATE OF TEXAS § TEXARKANA, TEXAS
FIRST UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLANT’S BRIEF
COMES NOW Brandon Bernard Battle, Appellant in the above-styled
and numbered cause, and makes and files this First Unopposed Motion for
an Extension of Time to file the Appellant’s Brief, and in support thereof
shows the Court as follows:
I.
The trial court imposed sentence on June 3, 2015. The clerk’s record
was filed on August 25, 2015. The reporter’s record was filed on September
21, 2015. Thus, the appellant’s brief is currently due for filing on October 21,
2015. No previous extensions have been requested. Appellant requests an
additional 30 days to file the appellant’s brief, extending the deadline until
November 20, 2015.
II.
Appellant needs additional time to file the appellant’s brief because
other trial and appellate matters have prevented counsel from preparing the
brief in this case.
Counsel has recently prepared and filed: (1) an appellant’s brief in the
Fifth Circuit Court of Appeals on October 12, 2015 in cause no. 15-50574,
USA v. Helms; (2) a mandamus petition in this Court on October 13, 2015 in
cause no. 06-15-00086-CV, In re Tyndell.
In addition to the appellant’s brief due in this case and the other
aforementioned matters, counsel has the following upcoming appellate
deadlines: (1) appellant’s brief due October 21, 2015 in the Waco Court of
Appeals in cause no. 10-15-00276-CR, Patterson v. State; and (2) appellant’s
brief due October 26, 2015 in the Fifth Circuit Court of Appeals in cause no.
15-50745, USA v. Helms.1
In addition to these matters, counsel is preparing for a jury trial in the
74th District Court of McLennan County, set for November 2, 2015 in cause
1
This is a separate appeal involving the same defendant as the brief filed by counsel
on October 12, 2015 in cause no. 15-50574. The appeals coincidentally have similar cause
numbers but involve different issues.
Motion for Extension of Time to File Appellant’s Brief Page 2
no. 2014-2176-3, In re Z.W., a child, which involves 1,000’s of pages of
records and documents and numerous witnesses.
In addition, counsel has numerous other case settings, hearings and
appellate deadlines in the upcoming weeks.
III.
Appellant’s counsel has conferred with counsel for the State, and the
State DOES NOT oppose this motion.
WHEREFORE, PREMISES CONSIDERED, Appellant requests that the
Court grant a 30-day extension for the filing of the appellant’s brief and such
other and further relief to which he may show himself justly entitled.
Respectfully submitted,
/s/ Alan Bennett
E. Alan Bennett
Counsel for Appellant
SBOT #02140700
Sheehy, Lovelace & Mayfield, P.C.
510 N. Valley Mills Dr., Ste. 500
Waco, TX 76710
Telephone: (254) 772-8022
Fax: (254) 772-9297
Email: abennett@slmpc.com
Motion for Extension of Time to File Appellant’s Brief Page 3
Certificate of Service
The undersigned hereby certifies that a true and correct copy of this
document has been served by email on October 20, 2015 to counsel for the
State, B.J. Shepherd, at 220thda@gmail.com.
/s/ Alan Bennett
E. Alan Bennett
Motion for Extension of Time to File Appellant’s Brief Page 4
Brandon Bernard Battle v. State
Combined Opinion