Brady Alan Daniel v. State

• Court: Court of Appeals of Texas
• Decided: June 10, 2015
• Docket: 03-15-00058-CR
• Status: Published

Opinion

ACCEPTED 03-15-00058-CR 5625094 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/10/2015 3:26:15 PM JEFFREY D. KYLE CLERK

NO. 03-15-00058-CR FILED IN STATE OF TEXAS § INTHE 3rd COURT OF APPEALS AUSTIN, TEXAS § 6/10/2015 3:26:15 PM vs. § THIRD COURT JEFFREY D. KYLE § Clerk BRADY ALAN DANIEL § OF APPEALS

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Brady Alan Daniel, 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 35th Judicial District Comt of ?

County, Texas.

2. The case below was styled the STATE OF TEXAS vs. Brady Alan

Daniel, and numbered 3029.

3. Appellant was convicted of Aggravated Assault.

4. Appellant was assessed a sentence of thirty-five years on November

18,2014.

5. Notice of appeal was given on January 21,2015.

6. The clerk's record was filed on May 19, 2015; the reporter's record was filed on January 26, 2015.

7. The appellate brief is presently due on June 18, 2015.

8. Appellant requests an extension of time of 60 days from the cutTent

due date, i.e. until on or about August 18, 2015.

9. No extension to file the brief 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:

A) Counsel for Appellant is currently completing a capital brief in

Lanny Marvin Bush v. State of Texas, Appellate Case No. 11-14-00129-CR,

Eleventh Court of Appeals. Appellant's brief is due Monday, June 29, 2014.

B) Counsel for Appellant has a previously scheduled out-of-state

family vacation July 1-7,2015.

C) Counsel for Appellant is enrolled in the Center for American and

International Law Criminal Defense Trial Skills & Trial Law Program in Plano,

TX from August 2-6, 2015.

D) Counsel for Appellant has numerous bench and jury trial settings

throughout the summer and is unable to currently determine which cases will

actually proceed to trial.

WHEREFORE, PREMISES CONSIDERED, Appellant 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,

Woodley & Dudley 707 Center Avenue Brownwood, TX 76801 Tel: (325) 646-7685 Fax: (325) 646-7688 Emily@woodleydudley.net

By~~~ State Bar No. 00796347 Emily@woodleydudley .net Attorney for Brady Alan Daniel

CERTIFICATE OF SERVICE

This is to certify that on June 8, 2015, a true and correct copy of the above

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

County, 200 S. Broadway, Brownwood, TX 76801, by electronic service through

the Electronic Filing Manager. \ STATE OF TEXAS § § COUNTY OF BROWN §

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared

Emily Miller, who after being duly sworn stated:

"I am the attorney for the appellant in the above numbered and

entitled cause. I have read the foregoing Motion To Extend Time to

File Appellant's Brief and swear that all of the allegations of fact

contained therein are true and correct."

SUBSCRIBEDANDSWORNTOBEFOREMEon ~u i , 2015.

to certify which witness my hand and seal of office.

/ /-:::,, • . . ! ;:::;. c. 4-a~~.r 7 •"'"'"'' TERESA 0 . CULPEPPER Notary Public, State of Texas lf,f'f.~ ~J<~.~~~ Noiarv Public. State of Texas r•: l g My Commission Expires \:j;it ... ·~l. l .,,,,,,rr.,,,,,, . December 13 · 20 18