Austin Myles Byrom v. State

Opinion

ACCEPTED 03-15-00404-CR 8376918 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/28/2015 1:30:31 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 12/28/2015 1:30:31 PM § JEFFREY D. KYLE STATE OF TEXAS, § OF APPEALS Clerk Appellee

APPELLANT'S SECOND 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 CR2014-130

3. Appellant was convicted of Capital Murder.

4. Appellant was assessed a sentence oflife without parole on 6/17/2015.

5. Notice of appeal was given on 7/1/2015.

6. The clerk's record was filed on 10113/2015; the reporter's record was filed on 9114/2015.

7. The appellate brief is due on 12/28/2015. 8. Appellant requests an extension of time of 30 days to January 27, 2016.

9. One prior extension has 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 Jeffrey Moore v. State of Texas, No. 03-15-00338-CR on December 11, 2015, and did was unable to work on the instant brief

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this

Court grant this Second 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

~~~n@mfh~ Susan Schoon State Bar No. 24046803 Attorney for Appellant CERTIFICATE OF SERVICE

This is to certify that on December 28, 20 15 a true and correct copy of the

above and foregoing document was served on the District Attorney's Office, Carnal

County, Texas by email to preslj@co.comal.tx.us.

Susan Schoon