Bobby Ray Turner v. State

• Court: Court of Appeals of Texas
• Decided: May 11, 2018
• Docket: 06-18-00034-CR
• Status: Published

Opinion

ACCEPTED 06-18-00034-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 5/11/2018 11:57 AM DEBBIE AUTREY CLERK

IN THE COURT OF APPEALS Sixth Appellate District State of Texas FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS BOBBY RAY TURNER, 5/11/2018 11:57:32 AM Appellant DEBBIE AUTREY Clerk v. NO. 06-18-00034-CR Trial Court #16F0481-102 STATE OF TEXAS, Appellee

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Bobby Ray Turner, Appellant, by and through his

below named Attorney and pursuant to Texas Rules of Appellate Procedure,

hereby requests an extension of the time period for the filing of the Appellant’s

Brief and in support of same would show the Court as follows:

I.

A. This case is pending from the 102nd Judicial District Court of Bowie

County, Texas. The date of the Judgment is February 13, 2016, with

sentence being imposed by the trial court on February 13, 2016.

B. The case was styled, “State of Texas v. Bobby Ray Turner, Cause No.

16F0481-102.

C. Appellant was convicted of the offense of Burglary of Habitation with Prior Felony Conviction.

D. Punishment was assessed by the jury to 20 years in the Institutional

Division of the Texas Department of Criminal Justice.

E. The Appellant’s Brief is due to be filed May 8, 2018.

F. Appellant requests an extension of the filing of Appellant’s Brief for

Three days, making the Appellant’s Brief due on May 11, 2018.

G. Appellant’s attorney has been diligent in researching and preparing the

Appellant’s brief for the Court. On May 6, 2018, Appellant’s counsel’s

brother in law was found deceased in his home in Texarkana. He was

without any other family in the area, and Appellant’s counsel and wife

were required to make arrangements, secure his property and notify

family who live out of town.

H. There has been one previous requests for extensions in this cause.

I. Counsel for Appellant has contacted the Assistant Criminal District

Attorney for Bowie County, Texas, who is assigned to this matter and he

has no objection to the request of the Appellant.

II.

Appellant’s attorney has been diligent in pursuing this appeal and is not

seeking this extension for the purpose of delay.

2 PRAYER

WHEREFORE, on the basis of the Texas Rules of Appellate Procedure,

Appellant’s attorney respectfully requests this Court to grant the Motion for

Extension of Time for the filing of Appellant’s Brief.

Respectfully submitted,

Alwin A. Smith Alwin A. Smith TBN: 18532200 al@alwinsmith.com 602 Pine Street Texarkana, Texas 75501 903/792-1608 903/792-0899 Fax

CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing Motion for Extension of Time to File Appellant’s Brief has been forwarded to Randle Smolarz, 601 Main Street, Texarkana, Texas, on this the 11th day of May 2018.

Alwin A. Smith Alwin A. Smith