Casey Michael Rhynes v. State

• Court: Court of Appeals of Texas
• Decided: March 27, 2018
• Docket: 09-17-00442-CR
• Status: Published

Opinion

ACCEPTED 09-17-00440-CR NINTH COURT OF APPEALS BEAUMONT, TEXAS 3/27/2018 8:54 PM CAROL ANNE HARLEY CLERK

CASE NOs. 09-17-00440-CR, 09-17-00441-CR, 09-17-00442-CR, 09-17-00443-CR FILED IN 9th COURT OF APPEALS CASEY MICHAEL RHYNES § IN THE COURT OF APPEALS BEAUMONT, TEXAS § 3/27/2018 8:54:30 PM v. § 9th DISTRICT CAROL ANNE HARLEY Clerk § THE STATE OF TEXAS § BEAUMONT, TEXAS

MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

CASEY MICHAEL RHYNES, Appellant in the above styled and

numbered case, 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 359th Judicial District Court

of Montgomery County, Texas.

2. The case below was styled The State of Texas vs. Casey

Michael Rhynes, and numbered 15-05-05331-CR counts I, II, III, and

IV.

3. Appellant was convicted of the offenses of aggravated

assault against a public servant, two counts of aggravated assault with

a deadly weapon, and evading arrest or detention with a vehicle.

CASEY MICHAEL RHYNES V. THE STATE OF TEXAS MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF Page 1 of 4 4. On October 27, 2017, Appellant was assessed a sentence of

fifty years confinement in the Texas Department of Criminal Justice

Institutional Division.

5. Notice of appeal was given on November 16, 2017.

6. The Clerk’s Record was filed on February 26, 2018. The

Reporter’s Record was filed on January 14, 2018.

7. The appellate brief is presently due on March 28, 2018.

8. Appellant requests an extension of time of 30 days from the

present date, i.e. April 27, 2018.

9. No extensions to file the brief have been received in this

cause.

10. Appellant is currently incarcerated.

11. Appellant relies on the following facts as good cause for the

requested extension.

Counsel has been preparing for trial in Cause No. 17-

322588, the State of Texas vs. Austin Scott Moore, which

was set for trial in the County Court at Law No. 1 of

Montgomery County, on April 2, 2018, and was resolved with

an agreed plea of guilty on March 20, 2018.

CASEY MICHAEL RHYNES V. THE STATE OF TEXAS MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF Page 2 of 4 Counsel has been preparing for trial in Cause No.

17-324419, the State of Texas vs. Taylor Ann Sterling, which

Montgomery County, on March 12, 2018, and was resolved

in an agreed plea of guilty on the trial date.

Counsel was engaged to apply for a determination of

heirship and for letters of administration in the Estate of

Barbara Ann Kmiecik, in Cause No. 465569, which was filed

in the Probate Court No. 3 of Harris County, on March 23,

2018.

CASEY MICHAEL RHYNES PRAYS that the Court grant this

Motion to Extend Time to File Appellant’s Brief.

Respectfully submitted,

Matt Brown Attorney at Law 332 North Main Street Conroe, Texas 77301 832-754-7538 936-494-1233 facsimile matt@pmbrownlaw.com

By: CASEY MICHAEL RHYNES V. THE STATE OF TEXAS MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF Page 3 of 4 Matt Brown State Bar No. 24048367 Attorney for Casey Michael Rhynes

CERTIFICATE OF SERVICE

This is to certify that on March 27, 2018, a true and correct copy of

the above and foregoing document was served on the Montgomery

County District Attorney’s Office via the electronic filing manager.

Matt Brown

CASEY MICHAEL RHYNES V. THE STATE OF TEXAS MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF Page 4 of 4