Howard Thomas Douglas v. State

ACCEPTED
03-14-00605-CR
6981290
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/17/2015 4:44:49 PM
JEFFREY D. KYLE
CLERK

CAUSE No. 03-14-00605-CR

IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
FOR THE THIRD COURT OF APPEALS DISTRICTAUSTIN, TEXAS
AUSTIN, TEXAS 9/17/2015 4:44:49 PM
JEFFREY D. KYLE
Clerk

HOW ARD THOMAS DOUGLAS,
Appellant,

vs.
THE STATE OF TEXAS,
Appellee.

On appeal from Cause No. D-1-DC-12-900059, in the 331st Judicial District Court,
Travis County, Texas

APPELLANT'S FIRST MOTION FOR
EXTENSION OF TIME TO FILE REPLY BRIEF

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Appellant, Howard Thomas Douglas, and files this Motion

for Extension of Time to File Appellant's Reply Brief, and in support thereof

respectfully shows this Court the following:

APPELLANT SEEKS EXTENSION OF TIME TO FILE REPLY BRIEF

1. Appellant is appealing his conviction in the 331 st Judicial District

Court of Travis County, Texas, for the felony offense of securing execution of a

document by deception.

APPELLANT'S FIRST MOTION TO EXTEND TIME TO FILE BRIEF PAGE 1
2. Appellant's Reply Brief is currently due to be filed on September

17, 2015.

3. Appellant requests additional time in which to prepare his Reply

Brief because Appellant's counsel's attention has been devoted lately to several

other matters: First, this Court issued its opinion in a similar case involving

Appellant, Cause No. 03-13-00092-CR, on August 26, 2015, and Appellant's

counsel herein - who also represents Appellant on the earlier matter - devoted time

to preparing a Motion for Rehearing and Motion for Rehearing En Banc on that

matter; Second, this Court's opinion in Cause No. 03-13-00092-CR is highly

relevant to the briefing in this matter, and counsel needs additional time to further

evaluate the Court's recent opinion and apply it to the facts of this case; and Third,

Appellant's counsel is preparing for a civil trial in Cause No. 219-02268-2013,

Preston Sununerside, L.P., v. Great Eats, LLC, et al., which is pending in the 219th

Judicial District Comi of Collin County, Texas, and which is set to go to trial on

Monday, September 21, 2015. As a result, Appellant's counsel has had to devote

significant time recently to preparation for the trial on Preston Summerside v.

Great Eats.

4. Given the nature of the issues expected to be addressed in Appellant's

Reply Brief, Appellant's counsel respectfully submits that justice would be better

MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF PAGE2
served by allowing Appellant's counsel additional time m which to prepare

Appellant's Reply Brief.

5. Appellant respectfully moves this Court for an extension of eleven

(11) days in which to file Appellant's Reply Brief. See Tex. R. App. P. 10.5(b ),

38.6(d). Such an extension would make Appellant's Reply Brief due on Monday,

September 28, 2015.

II.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court to

grant Appellant an extension of eleven (11) days in which to file Appellant's

Reply Brief, making the Brief due on or before September 28, 2015. Appellant

fmiher seeks such other relief to which he may be entitled, at law or in equity.

Respectfully submitted,

/S/ Craig M. Price
Craig M. Price
State Bar No. 16284170
Hammerle Finley Law Firm
2871 Lake Vista Dr., Suite 150
Lewisville, Texas 75067
Tel: (972) 436-9300
Fax: (972) 436-9000
Attorney for Appellant

MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF PAGE3
CERTIFICATE OF SERVICE

This is to certify that on September 17, 2015, a true and correct copy of the

above and foregoing document was served on the District Atton1ey's Office, Travis

County, PO Box 1748, Austin, Texas 78767, by facsimile 512-854-9789.

IS/ Craig M. Price
Craig M. Price

MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF PAGE4