Bruce Wayne Harkey v. State

• Court: Court of Appeals of Texas
• Decided: April 14, 2015
• Docket: 03-14-00734-CR
• Status: Published

Opinion

ACCEPTED 03-14-00734-CR 4884376 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/14/2015 2:56:48 PM NO. 03-14-00734-CR JEFFREY D. KYLE CLERK

In The Third Court of Appeals Austin, Texas FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/14/2015 2:56:48 PM BRUCE WAYNE HARKEY JEFFREY D. KYLE Appellant Clerk

V.

THE STATE OF TEXAS, Appellee

Cause no. CR5731 On Appeal from the 33rd Judicial District Court of San Saba County, San Saba, 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.

1 2__ Under the court’s briefing schedule, the appellant’s brief is

currently due on March 6, 2015.

3__ The Court Reporter’s Record exceeds ten (10) volumes of

testimony 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 thirty (30) days.

5__ In order to prepare a brief that will be of assistance to the

Court, the undersigned seeks a 30-day extension of time to

file its appellant’s brief, so that the brief will be due on May

15, 2015.

6__ This is the third 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.

2 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

May 15, 2015. Appellant also requests any other relief to

which it may be entitled.

Respectfully submitted,

/s/ Richard D. Davis RICHARD D. DAVIS 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 the _13th_ day of April, 2015. /s/ Richard D. Davis RICHARD D. DAVIS

3 CERTIFICATE OF CONFERENCE

The undersigned by his signature below certifies that the District Attorney’s Office of the 33rd/424th Judicial District has been contacted and that this motion is not opposed by Appellee.

/s/ Richard D. Davis Richard D. Davis