Anthony James Garcia, Sr. v. State

• Court: Texas Supreme Court
• Decided: July 6, 2017
• Docket: 11-16-00314-CR
• Status: Published

Opinion

ACCEPTED 11-16-00314-CR ELEVENTH COURT OF APPEALS EASTLAND, TEXAS 7/6/2017 2:43 PM SHERRY WILLIAMSON CLERK

NO. 11-16-00314-CR

ANTHONY JAMES GARCIA, § THE ELEVENTH COURT FILED IN Appellant § 11th COURT OF APPEALS EASTLAND, TEXAS vs. § OF APPEALS AT 07/06/17 2:43:47 PM § SHERRY WILLIAMSON THE STATE OF TEXAS, § EASTLAND, TEXAS Clerk Appellee §

FIRST MOTION FOR EXTENSION OF TIME

TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Comes Now, Anthony James Garcia, Appellant, and files this Motion for

Extension of Time to File Appellant’s Brief under Rules 10.5(b) and 38.6(d) of the

Texas Rules of Appellate Procedure, and would show:

I.

The deadline for filing Appellant’s brief is July 5, 2017. Appellant has

received no previous extensions of time to file his brief.

II.

Appellant hereby requests a sixty-two (62) day extension of time to file his

brief until September 5, 2017. This request is based on the following:

1. The undersigned, who is a solo practitioner, had to undergo major surgery

in May and has been recuperating from it. She is attempting to take care of

matters she has been unable to attend to. These matters include, but are not

limited to, appellate briefs in Levi Turner vs. The State of Texas, No. 13-

1 17-00227-CR; and Felix Pina vs. The State of Texas, No. 03-17-00129-

CR.

2. The undersigned’s support staff will be on vacation June 26 – July 10,

2017.

3. This extension of time is necessary to accord Appellant with effective

assistance of counsel on appeal.

WHEREFORE, PREMISES CONSIDERED, Appellant requests that this

Court grant a sixty-two (62) day extension of time to file his brief until September

5, 2017.

Respectfully submitted,

/s/ Connie J. Kelley Connie J. Kelley Attorney for Appellant 1108 Lavaca, #110-221 Austin, TX 78701 (512)445-4504 (512)478-2318 (fax) kelleylawoffice@grandecom.net State Bar No. 11199600

CERTIFICATE OF SERVICE

This is to certify that I sent a true and correct copy of the foregoing to the

Brown County Criminal District Attorney, Michael Murray, at 200 S. Broadway,

Rm. 323, Brownwood, Texas 76801 by regular mail on this 20th of June, 2017.

/s/ Connie J. Kelley Connie J. Kelley

2 CERTIFICATE OF COMPLIANCE

This is to certify that the foregoing document is in 14 point font. The word

count is 212 words, which is in compliance with T.R.A.P. Rule 9.4.