Brandon Duane McDaniel Jr. v. State

Opinion

ACCEPTED 10-20-00091-CR TENTH COURT OF APPEALS WACO, TEXAS 1/21/2021 4:11 PM NITA WHITENER CLERK

No. 10-20-00091-CR _________________________ FILED IN 10th COURT OF APPEALS WACO, TEXAS 1/21/2021 4:55:00 PM IN THE 10TH CIRCUIT NITA WHITENER COURT OF APPEALS, TEXAS Clerk ____________________________________________

STATE OF TEXAS, Appellee,

V.

BRANDON MCDANIEL, Appellant. ___________________________________________________

SECOND MOTION FOR EXTENSION OF TIME TO FILE AMENDED APPELLANT’S BRIEF ___________________________________________________

TO THE 10th COURT OF APPEALS OF TEXAS:

Appellant files this First Motion for Extension of Time to File Amended

Appellant’s Brief under Tex. R. App. P. 10.1, 10.5(b), and 53.7(f). In support of this

motion, Appellant shows the following:

1. This Honorable Court on November 18, 2020, granted Appellant’s Motion to

amend his appellate brief to add two additional issues. The Court ordered the brief would

be due 30 days after it’s letter to the parties, announcing its decision, dated November

18, 2020. The due date for Appellant’s amended brief is December 21, 2020.

2. Appellant requests an extension of time of 30 days to, February 20, 2021.

This is Appellant’s second request for an extension of time to file his amended brief. 3. Counsel for Appellant relies on the following facts as a reasonable explanation

for the requested extension of time:

Appellant’s request brief extension of thirty days which will enable counsel to

further research and draft the two remaining items in Appellant’s brief. Counsel is also

balancing this matter with another appellant brief that has timeline(s) parallel to this

matter, and a full docket of cases. Counsel wishes to exercise proper diligence to provide

the Court with timely and professional briefing. No significant delay of this matter will

result from such an extension.

4. The undersigned has conferred with opposing counsel.

PRAYER

Therefore, Appellant prays that this Court grant this motion for extension of time.

Respectfully submitted,

The Chris Tolbert Law Firm 777 Main Street, Suite 600 Fort Worth, Texas 76102 817.380.8008 (Office) 844.274.2141 (Fax)

/s/ Christopher L. Tolbert By: Christopher L. Tolbert State Bar No. 24080530 christolbertlaw@gmail.com Attorney for Brandon McDaniel CERTIFICATE OF CONFERENCE

As required by Tex. R. App. P. 10.1(a)(5), I certify that I have conferred with Assistant District Attorney Taylor Carter.

/s/ Christopher L. Tolbert

Christopher L. Tolbert

CERTIFICATE OF SERVICE This is to certify that on January 21, 2021, a true and correct copy of the above and foregoing document was served on the Walker County District Attorney's Office, by electronic mail to: Taylor Carter Assistant District attorney tcarter@co.walker.tx.us /s/ Christopher L. Tolbert ______________________________ Christopher L. Tolbert