ACCEPTED
06-15-00143-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/4/2015 10:34:43 AM
DEBBIE AUTREY
CLERK
No. 06-15-00143-CR
FILED IN
6th COURT OF APPEALS
In the Court of Appeals TEXARKANA, TEXAS
For the Sixth Court of Appeals District 12/4/2015 10:34:43 AM
Texarkana, Texas DEBBIE AUTREY
Clerk
DELBERT SISEMORE VS. THE STATE OF TEXAS
ON APPEAL FROM 102ND DISTRICT COURT, BOWIE COUNTY, TEXAS
TRIAL COURT CAUSE NO. 14F0490-102
APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE
APPELLANT’S BRIEF
COFER LAW, P.C.
Cody L. Cofer
State Bar No. 24066643
300 Throckmorton Street, Suite 500
Fort Worth, Texas 76102
ccofer@coferlaw.com
Telephone: (817) 810-9395
Facsimile: (817) 764-7377
Counsel for Delbert Sisemore
Identity of Parties and Counsel
Appellant/Defendant: Appellant/Defendant’s Appellate Counsel:
Derric Scott McFarland
State Bar No. 24048646
602 Pine Street
P.O. Box 1048
Texarkana, Texas 75504-1048
Telephone: (903) 798-3547
Facsimile: (888) 840-0138
State of Texas: State of Texas Appellate Counsel:
Bowie County District Attorney’s Office
Lauren Sutton
State Bar No. 24079421
601 Main
Texarkana, Texas 75501
Telephone: (903) 735-4800
Facsimile: (903) 735-4819
TO THE HONORABLE SIXTH COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 10.1, 10.5(b), and 38.6(d),
the Appellant, Delbert Sisemore, files this First Motion to Extend Time to File
Appellant’s Brief.
Delbert Sisemore’s brief is currently due on December 9, 2015.
Counsel for Delbert Sisemore requests a 30-day extension of time to file his
brief, making the brief due January 8, 2016. This is the first request for extension
of time to file Delbert Sisemore’s brief.
Counsel for Delbert Sisemore relies on the following reasons, in addition to
the routine matters that counsel must attend to in daily practice, to explain the need
for the requested extension:
Counsel for Delbert Sisemore, Cody L. Cofer, was recently retained by Mr.
Sisemore’s family to represent Mr. Sisemore in this appeal. A Motion to
Substitute Counsel was filed by counsel on December 1, 2015. A ruling on
the Motion to Substitute Counsel has not yet been issued by the Court.
Counsel will not have sufficient time to review the trial record and clerk’s
file and prepare a cogent brief by December 9, 2015, if the Motion to
Substitute Counsel is granted.
Counsel is lead counsel in Freddy Pickett vs. State, before the 396th District
Court of Tarrant County Texas, cause number 1371913, for the offense of
Failure to Register, with jury selection beginning December 7, 2015. This is
expected to be at least a three (3) day trial.
Counsel for Delbert Sisemore seeks this extension of time to be able to prepare
a cogent and succinct brief to aid this Court in its analysis of the issues presented.
This request is not sought for delay but so that justice may be done.
All facts recited in this motion are within the personal knowledge of the
counsel signing this motion, therefore no verification is necessary under Texas
Rule of Appellate Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, Appellant requests that this Court grant this
First Motion to Extend Time to File Appellant’s Brief and extend the deadline for
filing the Appellant’s Brief up to and including January 8, 2016. Delbert Sisemore
requests all other relief to which he may be entitled.
Respectfully submitted,
COFER LAW, P.C.
300 Throckmorton Street, Suite 500
Fort Worth, Texas 76102
ccofer@coferlaw.com
Tel: (817) 810-9395
Fax: (817) 764-7377
By:
Cody L. Cofer
State Bar No. 24066643
Attorney for Delbert Sisemore
CERTIFICATE OF CONFERENCE
Pursuant to TEX. R. APP. P. 10.1(5), I certify that the undersigned conferred
with opposing counsel who indicated that the State does not oppose this motion.
Counsel also spoke with current attorney of record Derric McFarland who
indicated that he does not oppose this motion.
Cody L. Cofer
CERTIFICATE OF SERVICE
Pursuant to TEX. R. APP. P. 9.5, I certify that on December 4, 2015, a copy
of this motion was sent via efiling or fax to:
Bowie County District Attorney’s Office
Lauren Sutton
State Bar No. 24079421
601 Main
Texarkana, Texas 75501
Telephone: (903) 735-4800
Facsimile: (903) 735-4819
Derric Scott McFarland
State Bar No. 24048646
602 Pine Street
P.O. Box 1048
Texarkana, Texas 75504-1048
Telephone: (903) 798-3547
Facsimile: (888) 840-0138
____________________________
Cody L. Cofer
Delbert Sisemore v. State
Combined Opinion