ACCEPTED
06-15-00122-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
10/12/2015 4:07:47 PM
DEBBIE AUTREY
CLERK
No. 06-15-00122-CR
IN THE COURT OF APPEALS FILED IN
6th COURT OF APPEALS
SIXTH DISTRICT TEXARKANA, TEXAS
AT TEXARKANA, TEXAS 10/12/2015 4:07:47 PM
__________________________________________________________________
DEBBIE AUTREY
Clerk
DAVID SYLVESTER CHAMBERS, Appellant
v.
THE STATE OF TEXAS
APPELLANT’S MOTION FOR AN EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
__________________________________________________________________
TO THE HONORABLE JUSTICES OF THE SIXTH COURT OF APPEALS:
Comes now, David Sylvester Chambers, Appellant in the above styled and
numbered cause and would show this honorable Court the following:
I.
Chambers was convicted in the above cause of theft of property with a value
over $1500.00 and under $20,000.00. Punishment, enhanced by two prior felony
convictions, was assessed at 15 years of imprisonment. Notice of appeal was
timely filed and the appeal docketed in this Court after transfer from the Tenth
Court of Appeals.
II.
The clerk’s record was filed on July 22, 2015. The reporter’s record was
filed on August 20, 2015. The appeal was abated by order of this Court on
September 17, 2015. The appeal was reinstated on September 23, 2015, upon
filing of a supplemental clerk’s record. Appellant’s brief is due on October 23,
2015.
III.
Appellant seeks a 60 day extension of the current deadline in which to file
Appellant’s brief, up to and including, December 22, 2015.
IV.
This request is based on the following facts which prevent counsel for
Appellant from preparing the brief by the current deadline:
The record in this cause is voluminous. It is comprised of eleven volumes
and various electronic exhibits admitted at trial. Counsel has not had an
opportunity to review the record and prepare Appellant’s brief by October 23,
2015. Filing of the brief cannot be accomplished by the current deadline while still
effectively representing Appellant on direct appeal to this Court.
Additionally, counsel cannot meet the current deadline and needs a 60 day
extension because: since the reporter’s record was filed in this cause, counsel has
prepared and filed an appellant’s brief in Petetan v. State in the Court of Criminal
2
Appeals; an appellant’s motion for rehearing in Luna v. State in the Thirteenth
Court of Appeals; an applicant’s findings of fact and conclusions of law in Ex
parte Wimberly in the Court of Criminal Appeals; an appellant’s petition for
discretionary review in Crawford v. State in the Court of Criminal Appeals; an
appellant’s brief in Reyes v. State in the Third Court of Appeals; and prepared for
and presented oral argument in Crayton v. State in the Third Court of Appeals.
Further, counsel is currently working on an appellant’s petition for discretionary
review in Luna v. State due in the Court of Criminal Appeals on final extension on
November 4, 2015.
V.
Appellant’s first request for an extension was overruled as premature. This
is his second request and will be his last.
PRAYER
Appellant requests this Court grant the motion and extend the time to file
Appellant’s brief by 60 days, up to and including December 22, 2015.
Respectfully submitted,
/s/Richard E. Wetzel
Richard E. Wetzel
State Bar No. 21236300
1411 West Ave., Suite 100
Austin, Texas 78701
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(512) 469-7943
(512) 474-5594
wetzel_law@1411west.com
Attorney for Appellant
David Sylvester Chambers
CERTIFICATE OF SERVICE
This is to certify a true and correct copy of this pleading was emailed to
Counsel for the State of Texas, Doug Howell, Assistant District Attorney, at his
email address maintained in Brazos County at dhowell@co.brazos.tx.us on this the
12th day of October, 2015.
/s/Richard E. Wetzel
Richard E. Wetzel
State Bar No. 21236300
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