Delbert Sisemore v. State

Opinion

ACCEPTED 06-15-00143-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 12/4/2015 10:34:43 AM DEBBIE AUTREY CLERK

No. 06-15-00143-CR

FILED IN 6th COURT OF APPEALS In the Court of Appeals TEXARKANA, TEXAS For the Sixth Court of Appeals District 12/4/2015 10:34:43 AM Texarkana, Texas DEBBIE AUTREY Clerk

DELBERT SISEMORE VS. THE STATE OF TEXAS

ON APPEAL FROM 102ND DISTRICT COURT, BOWIE COUNTY, TEXAS TRIAL COURT CAUSE NO. 14F0490-102

APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

COFER LAW, P.C. Cody L. Cofer State Bar No. 24066643 300 Throckmorton Street, Suite 500 Fort Worth, Texas 76102 ccofer@coferlaw.com Telephone: (817) 810-9395 Facsimile: (817) 764-7377

Counsel for Delbert Sisemore Identity of Parties and Counsel

Appellant/Defendant: Appellant/Defendant’s Appellate Counsel:

Derric Scott McFarland State Bar No. 24048646 602 Pine Street P.O. Box 1048 Texarkana, Texas 75504-1048 Telephone: (903) 798-3547 Facsimile: (888) 840-0138

State of Texas: State of Texas Appellate Counsel:

Bowie County District Attorney’s Office Lauren Sutton State Bar No. 24079421 601 Main Texarkana, Texas 75501 Telephone: (903) 735-4800 Facsimile: (903) 735-4819 TO THE HONORABLE SIXTH COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 10.1, 10.5(b), and 38.6(d),

the Appellant, Delbert Sisemore, files this First Motion to Extend Time to File

Appellant’s Brief.

Delbert Sisemore’s brief is currently due on December 9, 2015.

Counsel for Delbert Sisemore requests a 30-day extension of time to file his

brief, making the brief due January 8, 2016. This is the first request for extension

of time to file Delbert Sisemore’s brief.

Counsel for Delbert Sisemore relies on the following reasons, in addition to

the routine matters that counsel must attend to in daily practice, to explain the need

for the requested extension:

 Counsel for Delbert Sisemore, Cody L. Cofer, was recently retained by Mr.

Sisemore’s family to represent Mr. Sisemore in this appeal. A Motion to

Substitute Counsel was filed by counsel on December 1, 2015. A ruling on

the Motion to Substitute Counsel has not yet been issued by the Court.

Counsel will not have sufficient time to review the trial record and clerk’s

file and prepare a cogent brief by December 9, 2015, if the Motion to

Substitute Counsel is granted.

 Counsel is lead counsel in Freddy Pickett vs. State, before the 396th District

Court of Tarrant County Texas, cause number 1371913, for the offense of Failure to Register, with jury selection beginning December 7, 2015. This is

expected to be at least a three (3) day trial.

Counsel for Delbert Sisemore seeks this extension of time to be able to prepare

a cogent and succinct brief to aid this Court in its analysis of the issues presented.

This request is not sought for delay but so that justice may be done.

All facts recited in this motion are within the personal knowledge of the

counsel signing this motion, therefore no verification is necessary under Texas

Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellant requests that this Court grant this

First Motion to Extend Time to File Appellant’s Brief and extend the deadline for

filing the Appellant’s Brief up to and including January 8, 2016. Delbert Sisemore

requests all other relief to which he may be entitled.

Respectfully submitted,

COFER LAW, P.C. 300 Throckmorton Street, Suite 500 Fort Worth, Texas 76102 ccofer@coferlaw.com Tel: (817) 810-9395 Fax: (817) 764-7377

By: Cody L. Cofer State Bar No. 24066643 Attorney for Delbert Sisemore CERTIFICATE OF CONFERENCE

Pursuant to TEX. R. APP. P. 10.1(5), I certify that the undersigned conferred with opposing counsel who indicated that the State does not oppose this motion. Counsel also spoke with current attorney of record Derric McFarland who indicated that he does not oppose this motion.

Cody L. Cofer

CERTIFICATE OF SERVICE

Pursuant to TEX. R. APP. P. 9.5, I certify that on December 4, 2015, a copy of this motion was sent via efiling or fax to:

Bowie County District Attorney’s Office Lauren Sutton State Bar No. 24079421 601 Main Texarkana, Texas 75501 Telephone: (903) 735-4800 Facsimile: (903) 735-4819

Derric Scott McFarland State Bar No. 24048646 602 Pine Street P.O. Box 1048 Texarkana, Texas 75504-1048 Telephone: (903) 798-3547 Facsimile: (888) 840-0138

____________________________ Cody L. Cofer