Demitres Coleman v. State

• Court: Court of Appeals of Texas
• Decided: June 24, 2016
• Docket: 06-16-00002-CR
• Status: Published

Opinion

ACCEPTED 06-16-00002-cr SIXTH COURT OF APPEALS TEXARKANA, TEXAS 6/24/2016 9:37:15 AM DEBBIE AUTREY CLERK

NO. 06-16-00002-CR

IN THE COURT OF APPEALS FILED IN 6th COURT OF APPEALS SIXTH APPELLATE DISTRICT OF TEXASTEXARKANA, TEXAS AT TEXARKANA 6/24/2016 9:37:15 AM DEBBIE AUTREY DEMITRES COLEMAN Clerk Appellant

v.

STATE OF TEXAS Appellee

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

TO THE HONORABLE COURT OF APPEALS:

COMES NOW the Appellant, DEMITRES COLEMAN, by and through

counsel of record, Jason Horton, and for his Second Motion for Extension of Time to

File Brief states as follows:

I.

Appellant’s Brief is due on June 27, 2016.

II.

Appellant has sought and obtained one prior briefing extension in this case.

III.

Appellant requests additional time to (1) review the record for all possible

points on appeal, and (2) prepare Appellant’s brief. Appellant’s counsel’s trial and

appellate caseload and schedule have prevented said attorney from being able to

Demitres Coleman v. State of Texas 6th Court of Appeals No. 06-16-00002-CR Appellant’s Second Motion for Extension of Time to File Brief Page 1 of 5 devote the necessary time to complete Appellant’s brief. Said caseload and schedule

includes, but is not limited to, the following since the last extension request:

■ Preparation for and attendance at pretrial hearing in State of Arkansas v.

Costello Byrd, pending in the Circuit Court of Miller County, Arkansas, on May 31,

2016;

■ Preparation for and attendance at pretrial hearing in State of Arkansas v.

Joshua Mooney, pending in the Circuit Court of Miller County, Arkansas, on May 31,

■ Preparation for and attendance at pretrial hearing in State of Arkansas v. Max

Harris, pending in the Circuit Court of Miller County, Arkansas, on May 31, 2016;

■ Preparation for and attendance at the remainder of the Miller County

criminal pre-trial docket in the Circuit Court of Miller County, Arkansas, on May 31,

■ The undersigned was on vacation from June 1 -13, 2016;

■ Preparation for and attendance at arraignment in State of Arkansas vs. Julie

Aultman, pending in the Circuit Court of Miller County, Arkansas, on June 14, 2016;

■ Preparation for and attendance at Miller County criminal trial docket in the

Circuit Court of Miller County, Arkansas, on June 20, 2016;

Demitres Coleman v. State of Texas 6th Court of Appeals No. 06-16-00002-CR Appellant’s Second Motion for Extension of Time to File Brief Page 2 of 5 ■ Preparation for and attendance at status hearing in State of Arkansas v.

Costello Byrd, pending in the Circuit Court of Miller County, Arkansas, on June 20,

■ Preparation for trial and attendance at status hearing in State of Arkansas v.

Alexander Cox, pending in the Circuit Court of Miller County, Arkansas, from June 1-

20, 2016;

■ Preparation for and attendance at plea and sentencing in State of Texas vs.

Kaitlin Jameson, pending in the County Court at Law of Bowie County, Texas, on

June 20, 2016;

■ Preparation for and attendance at sentencing hearing in United States v.

Narcizo Valdovinos, pending in the United States District Court for the Eastern

District of Texas, on June 21, 2016;

■ Preparation for and attendance at administrative probation hearing in State of

Texas v. Heather Jessup, pending in the District Court of Bowie County, Texas, on

June 21, 2016;

■ Preparation for and attendance at status hearing in State of Texas v. Tom

Asimos, pending in the County Court at Law of Cass County, Texas, on June 23,

■ Preparation for and attendance at administrative driver’s license hearing in

State of Arkansas v. Jacob McCann, pending in the District Court of Clark County,

Demitres Coleman v. State of Texas 6th Court of Appeals No. 06-16-00002-CR Appellant’s Second Motion for Extension of Time to File Brief Page 3 of 5 Arkansas, on June 24, 2016; and

■ Preparation for and attendance at change of plea hearing in United States v.

Carlos Suyi-Rodriguez, pending in the United States District for the Eastern District of

Texas-Texarkana Division, from June 26-27, 2016.

IV.

This motion is made in good faith and not for purposes of delay.

VI.

Without additional time, Appellant will be denied effective assistance of

counsel on appeal, to which he is entitled.

WHEREFORE, Appellant requests that the deadline for the filing of his Brief

be extended thirty (30) days, and for any such other relief to which he may be entitled.

Respectfully submitted,

JASON HORTON LAW FIRM 114 West Broad Street Texarkana, Texas 75501 Mail to: P.O. Box 1596 Texarkana, Texas 75504 T- (903) 792-2000 F- (903) 792-2100

BY: /s/ Jason Horton Jason Horton jason@jasonhortonlaw.com Texas Bar Number 24041130

ATTORNEY FOR APPELLANT

Demitres Coleman v. State of Texas 6th Court of Appeals No. 06-16-00002-CR Appellant’s Second Motion for Extension of Time to File Brief Page 4 of 5 CERTIFICATE OF SERVICE

On this 24th day of June, 2016, I hereby certify that a true and correct copy of

the foregoing document will be served on the Bowie County District Attorney’s

Office, according to the Texas Rules of Appellate Procedure and the rules of this

Court.

/s/ Jason Horton Jason Horton

Demitres Coleman v. State of Texas 6th Court of Appeals No. 06-16-00002-CR Appellant’s Second Motion for Extension of Time to File Brief Page 5 of 5