ACCEPTED
09-17-00399-CR
NINTH COURT OF APPEALS
BEAUMONT, TEXAS
12/11/2017 2:01 PM
CAROL ANNE HARLEY
CLERK
No. 09-17-00399-CR
——————————————————————————————
FILED IN
9th COURT OF APPEALS
IN THE COURT OF APPEALS BEAUMONT, TEXAS
9th DISTRICT OF TEXAS 12/11/2017 2:01:15 PM
BEAUMONT, TEXAS CAROL ANNE HARLEY
—————————————————————————————— Clerk
MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S INITIAL
BRIEF
RICKY RAY MARTINEZ
APPELLANT
VS.
THE STATE OF TEXAS
APPELLEE
Appealed from the 258th Judicial District Court
of Polk County, Texas
BOBBY L PHILLIPS
State Bar No: 24088223
419 N Washington Ave.
Livingston, Texas 77351
Telephone No.: (936) 327-5619
Facsimile No.: (936) 327-5610
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MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S INITIAL BRIEF
___________________________________________________________
TO THE HONORABLE COURT OF APPEALS:
Appellant, under Texas Rules of Appellate Procedure, 38.6(b), respectfully
requests the Court to extend the time to file Appellant’s Initial Brief and would
show the following:
1. Ricky Ray Martinez is the Appellant. The State of Texas is the
Appellee.
2. Appellant’s Initial Brief in this matter is due December 29, 2017.
3. Bobby L Phillips was appointed to represent Appellant in his appeal.
4. Since the date of appointment, counsel for Appellant has had a busy
trial schedule and preparation of numerous other briefs. As a result,
counsel was unable to allot the necessary time to adequately prepare
Appellant’s Initial Brief.
5. Therefore, Appellant requests this Honorable Court to grant Appellant
a thirty (30) day extension of time for the filing of Appellant’s Initial
Brief due to the voluminous record and the number of appeals briefs
due during the following two to three months.
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6. Appellant’s counsel communicated with Carolyn Sckerl “CM” Allen
with the Polk County District Attorney’s Office on December 11,
2017 and she stated that she had no objection to Appellant’s Motion
for Extension of Time.
7. This is Appellant’s first request for an extension of time to file
Appellant’s Initial Brief in this matter, making this the first request
that has been made by Appellant.
8. Appellant requests this extension of time not for the purpose of delay,
but so that justice can be done and the matter properly presented to
this Honorable Court.
Respectfully submitted,
/s/ Bobby L Phillips
BOBBY L. PHILLIPS
State Bar No: 24088223
419 N Washington Ave.
Livingston, Texas 77351
Telephone No.: (936) 327-5619
Facsimile No.: (936) 327-5610
Attorney for Appellant
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CERTIFICATE OF CONFERENCE
& CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been sent to
the Polk County District Attorney’s office on this the 11th day of December, 2017
via fax electronic mail.
/s/ Bobby L Phillips
Bobby L Phillips
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Ricky Ray Martinez v. State
Combined Opinion