Fallon Nicole Wagner v. State

Opinion

ACCEPTED

01-14-00877-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

3/9/2015 8:07:21 PM

CHRISTOPHER PRINE

CLERK

Appeal No. 01-14-00877-CR

__________________________________

FILED IN

1st COURT OF APPEALS

In the First Court of Appeals HOUSTON, TEXAS __________________________________ 3/9/2015 8:07:21 PM CHRISTOPHER A. PRINE

Clerk

FALLON NICOLE WAGNER, Appellant

Vs.

THE STATE OF TEXAS, Appellee.

__________________________________

On Appeal from the 149TH Judicial District Court of Brazoria County,

Cause No. 73035.

__________________________________

FIRST MOTION FOR EXTENSION OF TIME TO FILE THE BRIEF FOR APPELLANT, FALLON NICOLE WAGNER

To the Honorable Justices of the First Court of Appeals:

Comes now Appellant, Fallon Nicole Wagner, by and through her attorney of record, Cary M. Faden, and moves this Court for an extension of time to file the brief for appellant for thirty (30) days, or until April 6, 2015, and would respectfully show the Court:

I.

In Cause No. 73035, in the 149th Judicial District Court of Brazoria County, appellant entered a plea of not guilty, before the jury, to the offense of possession of

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a controlled substance. Tex. Health and Safety Code §481.115. On October 22, 2014, the jury assessed her punishment, at eight (8) years of Texas Department Of Criminal Justice-Institutional Division. On October 28, 2014, appellant timely filed her written notice of appeal.

II.

The clerk's record was filed with the Clerk of the Court on December 3, 2014.

The reporter's record was filed with the Clerk of the Court on February 3, 2015. Therefore, the brief for appellant was originally due March 5, 2015. TEX. R. APP. P. 38.6(a). This is appellant's first motion for extension of time to file the brief. No other extension of time to file the brief for appellant has been requested or granted. This extension is not requested for the purpose of delay; but so that justice may be done. The length of time requested for this extension is thirty (30) days, or until April 6, 2015.

III.

The facts relied upon to reasonably explain the need for this motion are that counsel has been involved in trial; and additional and separate appellate cases and preparations, and the review of the voluminous record in this cause, which have delayed the briefing schedule on this case. Additionally, appellate counsel has been on vacation. Thirty (30) days are required for counsel to complete the research and

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drafting on the brief for appellant.

WHEREFORE, PREMISES CONSIDERED, appellant, Fallon Nicole Wagner, prays that the Court grant his first motion for extension of time to file the brief and extend the time for filing the brief for appellant for thirty (30) days, or until April 6, 2015.

Respectfully submitted,

/s/CARY M. FADEN

Cary M. Faden

77 Sugar Creek Center Blvd., Suite 230 Sugar Land, Texas 77478

Telephone: (281) 491-6182 Facsimile: (281) 491-0049 Texas Bar No. 06768725

E-MAIL: caryfaden@aol.com

Attorney for Appellant

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CERTIFICATE OF SERVICE

In accordance with TEX. R. APP. P. 9.5, I, Cary M. Faden, certify that a true and correct copy of the foregoing first motion for extension of time to file the brief has been served, by U.S. Mail, upon the attorney of record for the State of Texas, the Brazoria County District Attorney, Appellate Division, 111 East Locust Street, Room408A, Angleton, Texas 77515, on this the 5th day of March, 2015.

/s/CARY M. FADEN

Cary M. Faden

CERTIFICATE OF COMPLIANCE, T.R.A.P., RULE 9.4(3)

In accordance with TEX. R. APP. P. 9.4(3), I Cary M. Faden, certify that this is a computer generated document and I state that the number of words in this document is approximately 582 words. I am relying on the word count of the computer program used to prepare this document.

/s/ CARY M. FADEN

Cary M. Faden