ACCEPTED
01-15-00376-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/30/2015 9:26:52 AM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00376-CR
FILED IN
1st COURT OF APPEALS
CHARLES EUGENE § IN THE HOUSTON, TEXAS
ROBERTSON § 7/30/2015 9:26:52 AM
§ CHRISTOPHER A. PRINE
VS. § FIRST COURT Clerk
§
STATE OF TEXAS § OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Charles Robertson, 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 452nd Judicial District Court of
McCulloch County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Charles Eugene
Robertson, and numbered 5931.
3. Appellant was convicted of assault/family violence with a previous
conviction.
4. Appellant was assessed a sentence of 10 years on February 17, 2015.
5. Notice of appeal was given on March 30, 2015.
6. The clerk's record was filed on April 6, 2015; the reporter's record was
MOTION TO EXTEND TIME FOR BRIEF Page 1 of 3
filed on July 9, 2015.
7. The appellant’s brief is presently due on August 10, 2015.
8. Appellant requests an extension of time of thirty (30) days from August
10, 2015. This would result in a new deadline of September 7, 2015.
9. No extension to file the brief has been received in this cause.
10. Defendant is currently incarcerated.
11. Appellant relies on the following facts as good cause for the requested
extension:
Appellant’s counsel has a brief due in the Eleventh Court of Appeals on
August 17, 2015 in a case that is quite lengthy and involves four different cause
numbers from the trial court. Appellant’s counsel has already received two
extensions in that case and will not be seeking another. Additionally, Appellant has
discovery responses due in approximately five (5) civil cases during the week of
August 3, 2015. Appellant therefore requests this extension to provide additional
time to file the brief.
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,
The Haynes Law Firm, P.C.
MOTION TO EXTEND TIME FOR BRIEF Page 2 of 3
309 N. Fisk
Brownwood, Texas 76801
Tel: (325) 646-2821
Fax: (325) 643-3105
By:
Michael L. Smith
State Bar No. 24072349
E-Mail: msmith@haynesfirm.com
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that on July 30, 2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, McCulloch
County, Texas, by e-service or fax.
Michael L. Smith
STATE OF TEXAS §
§
COUNTY OF BROWN §
VERIFICATION
"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."
Michael L. Smith
MOTION TO EXTEND TIME FOR BRIEF Page 3 of 3