ACCEPTED
03-14-00586-CR
5089102
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/29/2015 4:17:24 PM
JEFFREY D. KYLE
CLERK
CAUSE NUMBER 03-14-00586-CR
TERRELL MAXWELL X IN THE COURT OF APPEALS
FILED IN
X 3rd COURT OF APPEALS
V. X THIRD COURT OF AUSTIN, TEXAS
APPEALS
X 4/29/2015 4:17:24 PM
STATE OF TEXAS X JEFFREY
DISTRICT OF TEXASD. KYLE
Clerk
MOTION TO EXTEND TIME FOR FILING APPELLANT’S BRIEF
TO THE HONORABLE COURT:
COMES NOW THE APPELLANT, TERRELL MAXWELL, by and through attorney
Jon Evans, and would move the Court for an extension of time for filing Appellant’s brief
in this cause and in support of this Motion would show the Court as follows:
I.
If no extension of time is granted by this Court, Appellant’s brief was to be filed by
April 7, 2015.
II.
Appellant seeks an extension of until April 28, 2015, to file Appellant’s brief.
III.
A reasonable explanation for the need for an extension of time to file Appellant’s
brief exists.
Defense Counsel suffered a head injury in March from which he is still recovering
and needed additional time to draft and file this brief.
In addition, Counsel has been in final stages of negotiation of a death penalty case,
which was finally resolved on April 23, 2015.
IV.
Extensions of time have been granted previously by the Court in this cause.
V.
An extension of time for filing Appellant’s brief will not delay submission of this
cause in the prescribed order, and no harm will result to the Appellee as a result of the
extension of time for filing briefs, in that this case has not been set for submission.
WHEREFORE, Appellant request that the Court enter an order extending the time for
filing Appellant’s brief to the 28th day of April, 2015.
Respectfully submitted,
Law Office of Evans and Lusk
806 W. 11th St.
Austin, Texas 78701
(512) 476-4075
(512) 477-6840 FAX
BY: /S/ JON EVANS_________
JON T. EVANS
SBN 00787445
Attorney for Appellant
VERIFICATION
BEFORE ME, the undersigned Notary Public, on this day personally appeared Jon
Evans, who being by me duly sworn on his oath deposed and said as follows: “I am the
attorney for the Appellant, TERRELL MAXWELL, in the above entitled and numbered
cause. I have read the above and foregoing Motion for Extension of Time for Filing
Appellant’s Brief, and every statement contained therein is true and correct to the best of
my knowledge.
/S/ JON EVANS________.
Jon Evans
CERTIFICATE OF DELIVERY
This is to certify that a true and correct copy of the above and foregoing Motion to
Extend Time for Filing Appellant’s Brief was delivered by hand unto the office of the
prosecuting attorney for the State of Texas, on this the 28th day of April, 2015.
/S/ JON EVANS_________.
JON EVANS
No. 03-14-00586-CR
TERRELL MAXWELL X IN THE COURT OF APPEALS
X
V. X THIRD COURT OF APPEALS
X
STATE OF TEXAS X STATE OF TEXAS
CERTIFICATE OF (ATTEMPTED) CONFERENCE
This is to certify that the undersigned counsel for Appellant has attempted to resolve
this matter by agreement. Appellant’s Counsel has attempted to contact SCOTT
TALIAFERRO, Assistant District Attorney for Travis County, Texas, who is the attorney
of record for the State of Texas, by voice message on April 28, 2015.
/S/ JON EVANS_________.
Jon Evans
Attorney for Appellant