Antonious Desmond Brinson v. State

Opinion

ACCEPTED

03-14-00702-CR

4363417

THIRD COURT OF APPEALS

AUSTIN, TEXAS

3/4/2015 10:13:02 AM

JEFFREY D. KYLE

CLERK

IN THE THIRD COURT OF APPEALS AT AUSTIN, TEXAS

FILED IN

3rd COURT OF APPEALS

ANTONIOUS DEMOND BRINSON, § AUSTIN, TEXAS Appellant § 3/4/2015 10:13:02 AM § CAUSE NO. 03-14-00702-CR JEFFREY D. KYLE

V. § TRIAL COURT NO.Clerk72,150 §

THE STATE OF TEXAS, § Appellee §

MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COMES ANTONIOUS DEMOND BRINSON, Appellant in the above styled and numbered cause, by and through Counsel, and moves this Court to grant an extension of time to file appellant’s brief, pursuant to Rule 38.6(d) of the Texas Rules of Appellate Procedure, and for good cause shows the following:

1. This case is on appeal from the 264 th District Court in Bell County, Texas.

2. The case below is styled The State of Texas v. Antonious Demond Brinson and numbered 72,150.

3. Appellant was convicted of assault/family violence with previous conviction and assessed a sentence of thirteen (13) years incarceration in the Texas Department of Criminal Justice’s Institutional Division on October 28, 2014.

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4. Notice of appeal was given on October 29, 2014.

5. The Clerk’s record was filed December 16, 2014. The Reporter’s record was filed on February 4, 2015.

6. The Appellant’s brief is presently due on March 6, 2015.

7. Appellant’s counsel requests an extension of time to file appellant’s brief of 30 days from the present due date or until March 6, 2015.

8. No previous requests for extension to file the brief have been filed in this cause.

9. Defendant is currently incarcerated.

Appellant’s counsel relies on the following facts as good cause for the requested extension: The undersigned has had a significant amount of title work in his oil and gas practice above the ordinary volume expected for this time of year and has had appellate deadlines in the Court of Appeals for the Second District in the past forty-five days as well, all of which preceded the filing deadline herein including: filing appellant’s briefs in State v. Castro, No. 02-14-00506-CR due January 31, 2015; and State v. Thornburg, No. 02-14-00453 due February 23, 2015, (the latter requiring review of a voluminous 14-volume record) .The undersigned, therefore, would request

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an additional 30 days to review the record and to perform the necessary legal research for preparation of the brief herein.

WHEREFORE, Counsel prays that this Court grant this motion to extend time to file appellant’s brief, and for such other and further relief as the Court may deem appropriate.

Respectfully submitted,

COPELAND LAW FIRM

P.O. Box 399

Cedar Park, TX 78613

Tel: 512-897-8126

Fax: 512-215-8114

Email: tcopeland14@yahoo.com

By: /s/ Tim Copeland

Tim Copeland

State Bar No. 04801500

Attorney for Appellant

CERTIFICATE OF SERVICE,

COMPLIANCE WITH RULE 9 and of CONFERENCE

This is to certify that on March 4, 2015, a true and correct copy of the above and foregoing document was served on Henry L. Garza, District Attorney, Attention: Bob Odom, Assistant District Attorney, Appellate Section, P.O. Box 540, Belton, Texas 76513-0909 in accordance with the Texas Rules of Appellate Procedure, and that this motion is in compliance with Rule 9 of the Texas Rules of Appellate Procedure and that portion which must be included under Rule 9.4(i)(1) contains 529 words, and that the undersigned conferenced with opposing counsel on March 4, 2015, who had no objection to the granting of this motion.

/s/ Tim Copeland

Tim Copeland