Austin Myles Byrom v. State

ACCEPTED 03-15-00404-CR 7803560 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/12/2015 2:57:37 PM JEFFREY D. KYLE CLERK 03-15-00404-CR AUSTIN BYROM, § IN THE FILED IN Appellant § 3rd COURT OF APPEALS AUSTIN, TEXAS VS. § THIRD COURT 11/12/2015 2:57:37 PM § JEFFREY D. KYLE STATE OF TEXAS, § OF APPEALS Clerk Appellee APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE BRIEF TO THE HONORABLE JUSTICES OF SAID COURT: Now comes Austin Myles Byrom, 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 207th Judicial District Court of Comal County, Texas. 2. The case below was styled the STATE OF TEXAS vs. AUSTIN MYLES BYROM, and numbered CR20 14-130 3. Appellant was convicted of Capital Murder. 4. Appellant was assessed a sentence of life without parole on 6/17/20 15. 5. Notice of appeal was given on 7/1/20 15. 6. The clerk’s record was filed on 10/13/2015; the reporter’s record was filed on 9/14/2015. 7. The appellate brief is due on 11/12/2015. 8. Appellant requests an extension of time of 45 days to December 28, 2015. 9. No prior extensions have been received in this cause. 10. Defendant is currently incarcerated. 11. Appellant relies on the following facts as good cause for the requested extension: In addition to near daily court settings, and preparation for three trials set in December, counsel just filed a brief in Alicia Perez v. State of Texas in this court, No. 03-15-00232-CR on this date, November 12, 2015. Further, counsel must next write and file a brief in Jeffrey Moore v. State of Texas, No. 03-15-00338-CR due November 25, 2015. WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant this First Motion To Extend Time to File Brief, and for such other and further relief as the Court may deem appropriate. RespectfUlly submitted, Schoon Law Firm, P.C. 200 N. Seguin Avenue New Braunfels, Texas 78130 Tel: (830) 627-0044 Fax: (830) 620-5657 susan@ ö6 awf m . By c oo’~—~ State Bar No. 24046803 Attorney for Appellant CERTIFICATE OF SERVICE This is to certify that on November 12, 2015 a true and correct copy of the above and foregoing document was served on the District Attorney’s Office, Comal County, Texas by email to preslj~co Susan