Frederick Perkins v. State

• Court: Court of Appeals of Texas
• Decided: March 4, 2015
• Docket: 12-14-00290-CR
• Status: Published

Opinion

ACCEPTED 12-14-00290-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 3/4/2015 12:01:28 PM CATHY LUSK CAUSE NO. 12-14-00290-CR CLERK

FREDERICK PERKINS § IN THE § VS. § TWELFTH COURT FILED IN § 12th COURT OF APPEALS THE STATE OF TEXAS § OF APPEALS TYLER, TEXAS 3/4/2015 12:01:28 PM MOTION TO CATHY S. LUSK Clerk EXTEND TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes 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 114th Judicial District Court of Van Zandt

County, Texas.

2. The case below was styled State of Texas v. Frederick Perkins and numbered

114-0932-14.

3. Appellant was convicted of Possession of a Controlled Substance on October 9,

2014.

4. Appellant was assessed a sentence of fifteen (15) years confinement in the Texas

Department of Criminal Justice-Institutional Division.

5. Notice of Appeal was given on October 13, 2014.

6. The Clerk's Record was filed on December 3, 2014; the Reporter's Record was

filed on February 2, 2015.

7. The Appellant’s Brief is due on March 4, 2015. Counsel requests the Court an

extension of thirty (30) days due to the number of briefs with deadlines.

8. Appellant requests an extension of time due to the following facts and

circumstances.

Since the Clerk and Reporter’s Record in this case was completed, Counsel has

filed:

A. On February 18, 2015, Counsel filed the Appellant’s Brief in Joshua Ardry v. State of Texas, cause no. 12-14-00143-CR; and

B. On February 19, 2015, Counsel filed the Appellant’s Brief in Craig

Pruitt v. State of Texas, cause no. 12-14-00303-CR.

9. Counsel has appeared in numerous hearings in state and federal court over the

last thirty days, including hearings in the Eastern District of Texas - Tyler

Division, and hearings in Smith and Van Zandt Counties. Counsel serves as the

President of the Smith County Bar Foundation which hosted the Supreme Court

of Texas for oral arguments on February 25 and 26, 2015. This consumed a

great deal of time, especially in the final two weeks culminating with four

different events over the two day period for the Court. Counsel also attended

the Federal Criminal Bench-Bar Conference in Plano, Texas on February 26 and

27, 2015.

10. Lastly, Appellant’s Counsel has the following briefs pending:

A. Appellant’s Brief in Jolly Neely v. State of Texas, cause no. 12-14-

00309-CR on March 11, 2015;

B. Appellant’s Brief in Roberta Bagwell v. State of Texas, cause no.

12-14-00248-CR on March 11, 2015;

C. Proposed Findings of Fact and Conclusions of Law for Writ of

Habeas Corpus in State of Texas v. Daphne Ausborne on March

13, 2015;

D. Appellant’s Brief in Jason Claire Reese v. State of Texas, cause

no. 12-14-00363-CR upon completion of the Reporter’s Record;

E. Appellant’s Brief in Donald Ernest Powell v. State of Texas, cause

no. 12-14-00355-CR upon the completion of the Reporter’s Record;

F. Appellant’s Brief in Oscar Perkins v. State of Texas, cause no. 12-

15-00001-CR upon the completion of the Reporter’s Record; and

G. Appellant’s Brief in Larry Michael Maples v. State of Texas, cause

no. 12-14-00337-CR when reset by the Court. 11. Counsel has appeared in numerous hearings in state and federal court over the

last thirty days, including hearings in the Tyler and Texarkana Federal District

Courts, and hearings in Smith and Van Zandt Counties.

12. Appellant requests an extension of time due to the above referenced facts and

13. Appellant prays that this Court grant this Motion to Extend Time to File

Appellant’s Brief for a period of thirty (30) days, and for such other and further

relief as the Court may deem appropriate.

Respectfully submitted,

Law Office of James W. Huggler, Jr. 100 E. Ferguson, Suite 805 Tyler, Texas 75702 Tel: (903) 593-2400 Fax: (903) 593-3830

By: /S/ James W. Huggler, Jr. James W. Huggler, Jr. State Bar No. 00795437 Attorney for APPELLANT

CERTIFICATE OF SERVICE

This is to certify that on March 4, 2015, a true and correct copy of the above and

foregoing document was served on Mike West, Smith County District Attorney's Office,

by regular mail, fax, hand delivery, or electronic filing.

/S/ James W. Huggler, Jr. James W. Huggler, Jr.