Devin Dasean Simmons v. State

Opinion

ACCEPTED 03-14-00707-CR 4771596 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/6/2015 1:41:15 PM JEFFREY D. KYLE CLERK No. 03-14-00707-CR __________________________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 4/6/2015 1:41:15 PM ______________________________________________ JEFFREY D. KYLE Clerk DEVIN DESEAN SIMMONS, Defendant-Appellant,

v.

THE STATE OF TEXAS, Plaintiff-Appellee. ______________________________________________

On Appeal from the 264th Judicial District Court Trial Court Case No. 71988-D ______________________________________________

APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF ________________________________________________

Robert L. Sirianni, Jr., Esq. Texas Bar No. 24086378 The Law Offices of Robert Sirianni 201 N. New York Ave., Suite 200 Winter Park, Florida 32789 (p) 407-388-1900 (f) 407-622-1511 Counsel for Defendant-Appellant

__________________________________________________________________ April 6, 2015 TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW, DEFENDANT-APPELLANT DEVIN DESEAN

SIMMONS, through undersigned counsel in the above-styled cause, and

respectfully submits this Motion for Extension of Time to File Initial Brief, and as

grounds would show unto the Court the following:

1. The initial Brief is currently due on April 9, 2015.

2. Due to difficulty with the institution in which Defendant-Appellant

Devin Desean Simmons is currently incarcerated, undersigned counsel has not

been able to schedule a legal call to consult with Defendant-Appellant

regarding his Initial Brief.

3. Accordingly, in an abundance of caution, Defendant-Appellant Devin

Desean Simmons respectfully requests that this Court grant a 30-day

extension of time, up to and including May 9, 2015, to file the Initial Brief in

this cause.

4. This extension of time is not requested for the purpose of delay, but so

that the issues on appeal are presented in the clearest and most effective

manner so that justice may be done in this cause. This is Defendant-

Appellant’s first request for an extension of time.

WHEREFORE, Premises Considered, Defendant-Appellant respectfully

requests the entry of an order granting a 30-day extension of time, up to and

1 including May 9, 2015, to file the Initial Brief and to provide such further and other

relief that the Court may deem just, fair and equitable.

Respectfully Submitted,

/s/ Robert L. Sirianni, Jr. Robert L. Sirianni, Jr. The Law Offices of Robert Sirianni Texas Bar No. 24086378 201 N. New York Ave., Suite 200 Winter Park, Florida 32789 (p) 407-388-1900 (f) 407-622-1511 Counsel for Defendant-Appellant

2 CERTIFICATE OF SERVICE

Undersigned hereby certifies that on this 6th day of April, 2015, the foregoing

document has been served by U.S. Mail, first-class postage prepaid, upon the

following:

Mr. Bob D. Odom Assistant District Attorney P.O. Box 540 Belton, TX 76513

/s/ Robert L. Sirianni, Jr. Robert L. Sirianni, Jr., Esq.

CERTIFICATE OF CONFERENCE

On April 6, 2015, the office of undersigned conferred with attorney Bob D.

Odom. Mr. Odom does not oppose this motion.