ACCEPTED
03-14-00560-CR
5046717
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/27/2015 2:39:58 PM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-14-00560-CR
IN THE COURT OF APPEALS, THIRD SUPREME JUDICIAL DISTRICT
_____________________
FILED IN
CHRISTOPHER NEWBERRY 3rd COURT OF APPEALS
Appellant AUSTIN, TEXAS
VS. 4/27/2015 2:39:58 PM
THE STATE OF TEXAS JEFFREY D. KYLE
____________________ Clerk
Cause No. C1CR-14-209349, Travis County, Texas, County Court #5, Honorable,
Nancy Hohengarten, presiding
____________________
APPELLANT'S THIRD MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW, CHRISTOPHER NEWBERRY, appellant, pursuant to U.S.Const.,
Amends. 5 & 14, Tex.Const., Art. I, Secs. 13 & 19, and T.R.A.P., not limited to Rules
4.1, 10.5, 38.6 and 38.9, and moves the Court to extend the time for filing appellant’s
brief THIRTY (30) days to May15, 2015, and shows:
I. PROCEDURAL HISTORY.
On or about August 7, 2014, on plea of not guilty, a jury convicted appellant of driving
while intoxicated, a class B misdemeanor. The court assessed sentence of 120 days
Travis County jail, no fine. Motion for New Trial apparently was timely filed August 28,
2014. Notice of Appeal was filed prematurely on August 28, 2014, and an Amended
Notice of Appeal was filed October 14, 2015 (correcting the defendant’s name in the body
of the Notice). The reporter's record was filed December 16, 2014.
II. TWO PRIOR EXTENSIONS.
Appellant has received two extensions of time to file his brief.
III. TIME OF MOTION.
The brief was due April 15, 2015. This motion is filed by mailing within 15 days
thereof.
IV. REASONS FOR EXTENSION OF TIME.
Appellant requests for an extension of time based on the following:
1
1. In the last 30 days, counsel represented some 43 clients with some 67 cases
(approximately 40/63 appointed and/or jail requiring prompt disposition) and disposed of
some 11 defendants and 24 cases.
2. This includes completing the brief in the appeal of Cause No. 03-14-00193, Martin
Lopez Montejo v. The State of Texas, filed on April 15, 2015.
3. Therefore, asks this Honorable Court to extend the time for filing brief THIRTY (30)
days to May 15, 2015, so appellant will be given a full and meaningful appeal and
accorded due process and due course of law, his right to appeal and effective assistance of
counsel.
WHEREFORE, appellant prays this Court grant this motion and extend the time for filing
his brief THIRTY (30) days to May 15, 2015.
RESPECTFULLY SUBMITTED,
/s/ Christopher P. Morgan
Christopher P. Morgan
State Bar No. 14435325
3009 N. IH 35
Austin, Texas 78722
(512) 472-9717 // FAX: 472-9798
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE: I, Christopher P. Morgan, certify a true and correct
copy of this Motion was served on the Office of the County Attorney for Travis County,
Texas on April 28, 2015, by mail to P.O.Box 1748, Austin, TX 78767 .
/s/ Christopher P. Morgan
2