Douglas Eugene McNeill v. State

• Court: Court of Appeals of Texas
• Decided: January 5, 2015
• Docket: 12-14-00145-CR
• Status: Published

Opinion

ACCEPTED 12-14-00145-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 1/5/2015 3:38:43 PM CATHY LUSK CLERK

NO. 31264 FILED IN 12th COURT OF APPEALS STATE OF TEXAS S IN THE TYLER, TEXAS $ 1/5/2015 3:38:43 PM vs' $ 12th couRT CATHY S. LUSK Clerk $ DOUGLAS EUGENE MCNEILL $ OF APPEALS

ToTHEHONORABLEJUSTICESoFSAIDCoURT: styled and Now comes Douglas Eugene McNeill, Appellant in the above

numbered cause, and 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:

l.ThiscaseisonappealfromthethirdJudicialDistrictCourtof Anderson CountY, Texas.

The case below was styled the sTATE' OF TEXAS vs' Douqlas 2. Eusene McNeill, and numbered 31264' Substance' PG 3. Appellant was convicted of Possession of a Controlled

1<1gram.

of 15 months state Jail Division' 4. Appellant was assessed a sentence

TDCJ on 4109114.

5 . Notice of appeal was given on 5l08l14 ' 6. The clerk's record was filed on 8l2ll14; the reporter's record was filed

on8l2ll14.

T.Theappellatebriefispresentlydueon1121061|4.

8. Appellant requests an extension of time from the present date, to

12123114.

g. One extension to file the brief has been received in this cause.

10. Defendant is currently free on bond'

1 1. Appellant relies on the following facts as good cause for the requested

extension:

On Friday, Novemb er 28,2014, the undersigned was advised that a case set

for Jury Trial the following week, would not be reached' Therefore assumed I

would have the entire week to complete this Brief. I attended a Trial

Announcement Docket on Monday, December 1't, aga1n it was confirmed that the

show up for court Curtis Ealy case would not be reached, in fact Mr. Ealy did not court coordinator that day and NISI was issued. I received a phone call from the that Mr' Ealy had approximately 10 o'clock on Tuesday, Decembet 2nd, advising home and changing shown up, we were now the number one case. After going Tuesday afternoon' I into proper attire, we selected a jury in the Ealy case that preparing for Mr' Ealy's trial then had to spend the bulk of the rest of that week Ealy case disrupted which began Monday, December Sth. The trial of the Curtis my schedule to the point that I was unable to complete the brief by the 6th and the court' therefore I am requesting an extension to the date of receipt by

WHERBFORE, PREMISES CONSIDERED, Appellant prays that this for court grant this Motion To Extend Time to File Appellant's Brief, and such

other and further relief as the Court may deem appropriate.

Respectfully submitted,

Wm. M. House, Jr., AttorneY at Law 800 North Church Palestine, Texas 75801 Tel: (903) 723-2077 Fax: (903)723-6323

Wm. M. House, Jr. State Bar No. 10045000 wmmhousej r@emb arqmail. com Attorney for Douglas Eugene McNeill

CERTIFICATE OF SERVICE

This is to certif,i that on D la true and correct coPY of the

Office, above and foregoing document was served on the District Attomey's

Anderson County, Texas, by personal delivery'

Wm. M. House,'Jr. STATE OF TEXAS $ $ COUNTY OF ANDERSON $

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared

Wm. M. House, Jr., who after being duly sworn stated:

"I am the attorney for the appellant in the above numbered and

entitled cause. I have read the foregoing Motion To Extend Time to

File Appellant's Brief and swear that all of the allegations of fact

contained therein are true and correct'"

. House, Jr. Affiant

SUBSCRIBED AND SWORN TO

to certifu which witness mY hand and

plic, State of Texas