Earl Wilmore v. State

• Court: Court of Appeals of Texas
• Decided: March 2, 2015
• Docket: 01-15-00027-CR
• Status: Published

Opinion

ACCEPTED 01-15-00027-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 3/2/2015 4:02:33 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00027-CR

FILED IN 1st COURT OF APPEALS EARL WILMORE § IN THE COURT OF APPEALS HOUSTON, TEXAS § 3/2/2015 4:02:33 PM § CHRISTOPHER A. PRINE Clerk VS. § FIRST DISTRICT § § THE STATE OF TEXAS § HOUSTON, TEXAS

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes EARL WILMORE, Appellant in the above styled and 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:

1. This case is on appeal from the Criminal District Court of Jefferson

County, Texas.

2. The case below was styled THE STATE OF TEXAS vs. EARL

WILMORE, and numbered 13-17241.

3. Appellant was convicted of FORGERY.

4. Appellant was assessed a sentence of two (2) years confinement in State Jail on November 21, 2014.

5. Notice of appeal was given on December 2nd, 2014.

6. The electronic clerk's record was filed on January 2nd, 2015; electronic

reporter's record was filed on January 30, 2015.

7. The appellate brief was due on March 2nd, 2015.

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

date, ie. April 1st, 2015.

9. Defendant is currently incarcerated.

10. No extension to file appellant’s brief has been received in this cause.

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

extension:

I am a solo practitioner. I have been preparing several cases for trial. It

appears that this case is a complex case and requires adequate time to review this case

to prepare the brief.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court

grant this Motion to Extend Time to File Appellant's Brief, and for such other and

further relief as the Court may deem appropriate.

Respectfully submitted,

Terrence Leon Holmes Attorney At Law 455 Milam Street Beaumont, Texas 77701 Tel: (409) 832-6041 Fax: (409) 832-6078

By: /s/ Terrence Leon Holmes TERRENCE LEON HOLMES ATTORNEY AT LAW State Bar No. 09908486 Attorney for APPELLANT

CERTIFICATE OF SERVICE

This is to certify that on March 2nd, 2015, a true and correct copy of the

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF was served on

Mr. Waylyn G. Thompson, District Attorney's Office, 1001 Pearl Street – 3rd Floor,

Beaumont, Jefferson County, Texas, by telecopy (409) 835-8573 via efile.

/s/ Terrence Leon Holmes TERRENCE LEON HOLMES ATTORNEY AT LAW