George Henry Walker v. State

• Court: Court of Appeals of Texas
• Decided: April 6, 2015
• Docket: 03-14-00790-CR
• Status: Published

Opinion

ACCEPTED 03-14-00790-CR 4777114 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/6/2015 4:07:04 PM JEFFREY D. KYLE CLERK IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS FILED IN 3rd COURT OF APPEALS GEORGE HENRY WALKER, § AUSTIN, TEXAS Appellant § 4/6/2015 4:07:04 PM § CAUSE NO. 03-14-00790-CR JEFFREY D. KYLE VS § TRIAL COURT NO.Clerk § B-14-0650-SA THE STATE OF TEXAS, § Appellee §

MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COMES George Henry Walker, Appellant in the above styled

and numbered cause, by and through Counsel, and moves this Court to grant

an extension of time to file appellant’s brief, pursuant to Rule 38.6(d) of the

Texas Rules of Appellate Procedure, and for good cause shows the

following:

1. This case is on appeal from the 119th District Court in Tom Green

County, Texas.

2. The case below is styled The State of Texas v. George Henry

Walker and numbered B-14-0650-SA.

3. Appellant was convicted of failure to appear/enhanced.

4. Appellant was assessed a sentence of 45 years in the Institutional

Division-Texas Department of Criminal Justice on November 3, 2014.

5. Notice of appeal was given on December 15, 2014

1 6. The Clerk’s and Reporter’s records were filed on March 6, 2015,

and March 2, 2015, respectively.

7. The Appellant’s brief is presently due on April 9, 2015.

8. Appellant requests an extension of time to file Appellant’s brief of

thirty (30) days or until May 9, 2015.

9. No previous requests for extension to file the brief have been filed

in this cause.

10. Defendant is currently incarcerated.

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

extension: Appellant’s counsel relies on the following facts as good cause

for the requested extension: The undersigned has had appellate deadlines in

the Court of Appeals for the Third District including: filing appellant’s

briefs in State v. Corson, Nos. 03-15-00054-CR; 03-15-00055-CR; 03-15-

00056-CR; and 03-15-00057-CR filed 3-27-15; and State v. George, No. 03-

14-00673-CR due February 4, 2015. Additionally, Counsel was required to

travel extensively from her office in the past two weeks and was unable to

adequately review the record as a result. The undersigned, therefore, would

request an additional 30 days to review the record and to perform the

necessary legal research for preparation of the brief herein.

2 WHEREFORE, 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,

COPELAND LAW FIRM P.O. Box 399 Cedar Park, TX 78613 Tel: 512-897-8126 Fax: 512-215-8114 Email: ecopeland63@yahoo.com

By: /s/ Erika Copeland Erika Copeland State Bar No. 16075250 Attorney for Appellant

CERTIFICATE OF SERVICE, COMPLIANCE WITH RULE 9 and of CONFERENCE

This is to certify that on April 6, 2015, a true and correct copy of the above and foregoing document was served on George McCrea, District Attorney, Attn: Appellate Division, 124 W. Beauregard, San Angelo, Texas 76903 in accordance with the Texas Rules of Appellate Procedure, and that this motion is in compliance with Rule 9 of the Texas Rules of Appellate Procedure and that portion which must be included under Rule 9.4(i)(1) contains 529 words, and that the undersigned conferenced with opposing counsel on March 30, 2015, who had no objection to the granting of this motion.

/s/ Erika Copeland Erika Copeland