ACCEPTED
07-15-00094-CR
SEVENTH COURT OF APPEALS
AMARILLO, TEXAS
6/15/2015 3:36:26 PM
Vivian Long, Clerk
NO. 07-15-00094-CR
FILED IN
7th COURT OF APPEALS
STATE OF TEXAS § IN THE SEVENTH COURTTEXAS
AMARILLO,
§ 6/15/2015 3:36:26 PM
VS. § OF APPEALS VIVIAN LONG
§ CLERK
KRISTOPHER DONALD MIXON § OF THE STATE OF TEXAS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Kristopher Donald Mixon, 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 251st Judicial District Court of Randall
County, Texas.
2. The case below was styled the State of Texas vs. Kristopher Donald
Mixon, and numbered 23963C.
3. Appellant was convicted of Possession of a Controlled Substance
(Penalty Group 1), a Second Degree Felony.
4. Appellant was assessed a sentence of eight (8) years in the Texas
Department of Criminal Justice – Institutional Division.
5. Notice of appeal was given on March 6, 2015.
1
6. The clerk's record was filed on April 13, 2015; the reporter's record was
filed on May 15, 2015.
7. The appellate brief is presently due on June 15, 2015.
8. Appellant requests an extension of time of 30 days from the present
date, i.e. until July 15, 2015.
9. No extension to file the brief has been requested or received in this
cause.
10. Defendant is currently not incarcerated and is released on bond.
11. Appellant relies on the following facts as good cause for the requested
extension:
Appellant’s counsel was appointed by the trial court to represent Appellant
after the trial of this cause. Appellate counsel did not represent the Appellant at the
trial. Appellant is indigent. The Court clerk’s record of the proceedings consists of
144 pages and the reporter’s record consists of 398 pages including exhibits.
Counsel has not had time to complete Appellant’s brief.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court
grant this Motion To Extend Time to File Appellant's Brief until July 15, 2015, and
for such other and further relief as the Court may deem appropriate.
2
Respectfully submitted,
Easterwood, Boyd & Simmons, P.C.
623 N. Main Street
P.O. Box 273
Hereford, TX 79045
Tel: (806) 364-6801
Fax: (806) 364-2526
/s/ JAMES B. JOHNSTON
James B. Johnston
State Bar No. 10838200
E-Mail: bryan@ebs-law.net
Attorney for Kristopher Donald Mixon
CERTIFICATE OF COMPLIANCE
The undersigned certifies that according to the WordPerfect word count
tool this document contains 480 words, exclusive of the items excepted by TEX. R.
APP. P. 9.4(i)(1).
/s/ JAMES B. JOHNSTON
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that on June 15, 2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Randall
County, 2309 Russell Long Blvd., Suite 120, Canyon, Texas 79015, by facsimile
transmission to (806) 468-5566.
/s/ JAMES B. JOHNSTON
Attorney for Appellant
3