Bruce Wayne Harkey v. State

Opinion

ACCEPTED

03-14-00734-CR

3608753

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/29/2014 5:32:54 PM

JEFFREY D. KYLE

CLERK

NO. 03-14-00734-CR

FILED IN

In The Third Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS

Austin, Texas 12/29/2014 5:32:54 PM JEFFREY D. KYLE

Clerk

BRUCE WAYNE HARKEY Appellant

v.

THE STATE OF TEXAS, Appellee

Cause no. CRS 7 31

On Appeal from the 33rd Judicial District Court of Llano County, Llano, Texas

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellant, Bruce Wayne Harkey, pursuant to Rule 10.5 of the Texas Rules

of Appellate Procedure, by and through his attorney of record, requests an extension of time to file appellant's brief, and in support thereof would show the

court the following:

1_The reporter's record was filed on December 1, 2014. The clerk's record was filed on November 17, 2014.

2_Under the court's briefing schedule, the appellant's brief is currently due on January 5, 2015.

3_The Court Reporter's Record exceeds ten (10) volumes oftestimony and the trial before the jury was approximately one and one-half week in duration. More than 100 exhibits were admitted.

4_The undersigned attorney has an extensive trial practice, both civil and criminal. Further, the undersigned counsel has numerous and regular court appearances consisting of motions to revoke and suppression hearings. Likewise, the undersigned is preparing for several jury trials which are subject to being tried within the following sixty (60) days.

5_ In order to prepare a brief that will be of assistance to the Court, the undersigned seeks a 60-day extension of time to file its appellant's brief, so that the briefwill be due on March 6, 2015. 6_This is the first request for an extension of time to file Appellant's brief. This extension is not sought solely for delay, but is necessary so that justice can be done. For these reasons, Appellant respectfully requests that the Court grant this motion to extend the time for filing Appellant's brief and allow that brief to be filed on or before March 6, 2015. Appellant also requests any other relief to which it may be entitled. Respectfully submitted,

~ 111 E. Jackson Street PO Box 398 Burnet, Texas 78611 (512)756-5117 (512) 756-0164 Fax State Bar No. 05537100 Email: rdd@austin. twcbc.com

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion for Extension of Time to File Appellant's Brief has been hand delivered, or sent by U.S. mail, certified return receipt requested, or transmitted by telephonic transfer to the counsel for the State, Gary W. Bunyard, of the Office of the District Attorney of Llano County, P.O. Box 725, Llano, Texas 78643; on this th~ 1~day of J) e_ c..~~, 2014.

RICHARD D. DAVIS

CERTIFICATE OF CONFERENCE The undersigned by his signature below certifies that the District Attorney's Office of the 33RD Judicial District has been contacted and that this motion i