ACCEPTED
03-14-00138-CR
4944842
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/20/2015 8:37:36 AM
JEFFREY D. KYLE
CLERK
NO. 03-14-00138-CR
FILED IN
LARRY DEWAYNE GARRETT § 3rd COURT OF INAPPEALS
THE
AUSTIN, TEXAS
§
4/20/2015 8:37:36 AM
vs. § THIRD COURT
JEFFREY D. KYLE
§ Clerk
THE STATE OF TEXAS § OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Larry Dewayne Garrett, 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 of the Texas Rules of Appellate Procedure,
and for good cause shows the following:
1. This case is on appeal from the County Court at Law Number 2 & 3
ofBell County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Larry
Dewayne Garrett, and numbered 2cl3-07176.
3. Appellant was convicted of Viol Protect Order Bias/ Prejudice.
4. Appellant was assessed a sentence of one year on January 2 7, 2014.
5. Notice of appeal was given on March 6, 2014.
6. The clerk's record was filed on April 16, 2014; the reporter's record
was filed on August 26, 2014.
7. The appellate brief is presently due on April15, 2015.
8. Appellant requests an extension of time of 15 days from the present
date, i.e. May 1, 2015.
9. Two extensions to file the brief have been received in this cause.
10. Defendant is currently not incarcerated for this offense.
11. Appellant relies on the following facts as good cause for the requested
extension:
Attorney for Appellant is attending an out of town CLE on Friday, April 17,
2015 and has a non-jury trial on Monday April20, 2015.
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.
Respectfully submitted,
BOBBY DALE BARlNA
455 East Central Texas Expressway, Suite
104
Harker Heights, Texas 76548
Tel: (254) 699-3755
Fax: (254) 699-1074
_____
BobbyDaleBarina@BarinaLaw.com
.//'
Bx~·~~--~~~----------------
Ty1 oudwyk
ate Bar No. 24084120
bobbyda1ebarina@barina1aw.com
Attorney for Larry Dewayne Garrett
CERTIFICATE OF SERVICE
20
This is to certify that on April_).?', 2015, a true and correct copy of the above
and foregoing document was served on the County Attorney's Office, Bell County,
1201 Huey Road, Bell County Texas, by fax to 254-933-5150.
Tyler
STATE OF TEXAS §
§
COUNTY OF BELL §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Tyler Woudwyk, 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 Motion To Extend Time to
File Appellant's Brief and swear that all of the allegations of fact
contained therein are true and correct."
SUBSCRIBED AND SWORN TO BEFORE ME on April W, 2015, to