ACCEPTED
03-15-00530-CR
8158019
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/9/2015 1:03:03 PM
JEFFREY D. KYLE
No. 03-15-00530-CR CLERK
IN THE COURT OF APPEALS
FILED IN
FOR THE THIRD JUDICIAL DISTRICT OF TEXAS, AT
3rd COURT AUSTIN
OF APPEALS
AUSTIN, TEXAS
12/9/2015 1:03:03 PM
Jack Bissett, Appellant JEFFREY D. KYLE
Clerk
v.
The State of Texas, Appellee
On Appeal from the County Court at Law Number 6 of Travis
County in Cause No. C-1-CR-14-160011,
The Honorable Brandy Mueller, Judge Presiding
Motion to Reset Briefing Schedule
TO THE HONORABLE THIRD COURT OF APPEALS:
COMES NOW, Jack Bissett, Appellant in the above styled and
numbered cause, by and through David A. Schulman, his
undersigned attorney of record, and respectfully enters this
“Motion to Reset Briefing Schedule,” and in support of such
Motion would show the Court:
I
Appellant was convicted of Assault in County Court at Law
Number 6 of Travis Count. Punishment was assessed at 1 year in
Jail, Probated for 2 years. The trial court imposed sentence on the
May 21, 2015. Notice of Appeal was timely filed with the clerk of
the trial court on August 19, 2015, and filed with the Clerk of the
Court of Appeals on August 21, 2015.
II
On November 16, 2015, the official Court Reporter filed notice
with the Court indicating she had only been paid one-half of the
fee for the reporter’s record. The undersigned affirms that the
statement is accurate. That same day, the Court issued its notice
that Appellant had until November 30, 2015, to respond to the
Court Reporter’s notice. The undersigned would advise the Court
that he did not receive the Court’s notice and was only informed
of it today by the Court Reporter. Consequently, Appellant was
unaware of the Court’s instructions/orders until today. Although
he was aware of the amount still owing for the reporter’s record,
he would not have been aware of the deadline set out in the
Court’s Order of November 16, 2015.
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The Court Reporter also informed the Court of Appeals that
the undersigned had filed a motion to withdraw as appellate
counsel. That statement is also accurate. The undersigned would
inform the Court that the trial court signed an order granting the
motion to withdraw this morning -- subject to the trial court’s
instructions to resolve the reporter’s record issue at the Court of
Appeals.
III
The undersigned is informed that Appellant’s family has made
arrangements for funds to retain a different appellate attorney and
to pay for the balance due on the reporter’s record. Additionally,
the trial court has given Appellant under Thursday, December 17,
2015, to finalize arrangements with new appellate counsel.
Consequently, the undersigned respectfully requests that the
Court withdraw its previous order and reset the briefing schedule
in this case as requested below.
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Prayer
WHEREFORE PREMISES CONSIDERED, Appellant prays this
Honorable Court to grant his “Motion to Reset Briefing Schedule”
in all things, and:
1. Withdraw its Order of November 16, 2015 and not consider
the appeal without the record;
2. Reset the date on which the reporter’s record must be filed
until the end of this month; and
3. Provide new appellate counsel with 30 days thereafter to
submit the required brief on appeal.
Respectfully submitted,
____________________________________
David A. Schulman
Attorney at Law
1801 East 51st Street, Suite 365474
Austin, Texas 78723
Tel. 512-474-4747
Fax: 512-532-6282
eMail: zdrdavida@davidschulman.com
State Bar Card No. 17833400
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Certificate of Compliance and Delivery
This is to certify that: (1) this document, created using
WordPerfect™ X7 software, contains 535 words, excluding those
items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies
with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on
December 9, 2015, a true and correct copy of the above and
foregoing “Motion to Reset Briefing Schedule” was transmitted via
the eService function on the State’s eFiling portal, to Giselle
Horton (giselle.horton@co.travis.tx.us), counsel of record for the
State of Texas. Copies have also been sent via eMail to the Judge
of the trial court, the official court reporter, and Appellant.
______________________________________
David A. Schulman
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