Gerald Mac Lowrey v. State

Opinion

ACCEPTED

06-14-00172-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

1/8/2015 4:08:23 PM

DEBBIE AUTREY

CLERK

NO. 06-14-00172-CR

FILED IN

6th COURT OF APPEALS

STATE OF TEXAS § IN THE TEXARKANA, TEXAS § 1/9/2015 8:32:00 AM VS. § SIXTH COURT DEBBIE AUTREY § Clerk

GERALD MAC LOWREY § OF APPEALS

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Gerald Mac Lowrey, 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 Sixth Judicial District Court of Lamar County, Texas.

2. The case below was styled the STATE OF TEXAS vs. Gerald Mac Lowrey, and numbered 25492.

3. Appellant was convicted of Theft of material, aluminum or copper or bronze or brass, less than $20,000.00.

4. Appellant was assessed a sentence of two (2) years State Jail Division, TDCJ, probated for five (5) years on August 6, 2014.

5. Notice of appeal was given on August 12,2014.

6. The clerk's record was filed on November 13, 2014; the reporter's record was filed on December 9,2014.

7. The appellate brief is presently due on January 8, 2015.

8. Appellant requests an extension of time of 30 days from January 8, 2015.

9. No extension to file the brief has been received in this cause.

10. Defendant is currently free on bond.

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

Appellant's attorney has had hearings in the following cases on the dates indicated:

In the Interest ofE.C. a child (CPS case) in the Lamar County Court at Law 12/9/2014

Howe v. Lester, in Lamar County, Texas Justice Court, Precinct 5, Place 2 12110/2014

Child Protective Services Docket, in the Lamar County Court at Law 12116/2014

Child Protective Services Docket, Sixth District Court of Lamar County, Texas. 12/17/2014 In the Interest ofR.W., a Child, in the Lamar County Court at Law

12/30/2014

In the Interest ofR.W., a Child, in the Lamar County Court at Law 1/2/2015

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,

Gary L. Waite

104 Lamar Ave.

Paris, Texas 75460

(903) 785-0096

(903) 785-0097

By:-7/"---""-L..----rL..JI--I'--IL--....L..--'---------

-Gary L.

State Ba o. 20667500

garywaite@sbcglobal.net

Attorney for Gerald Mac Lowrey

CERTIFICATE OF SERVICE

This is to certify that on January 6, 2015, a true and correct copy of the above and foregoing document was served on the County Attorney's Office, Lamar County, 119 N. Main, Paris, Texas 75460, by personal delivery.

STATE OF TEXAS § §

COUNTY OF LAMAR §

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared Gary L. Waite, 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."

/GaryL.

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on l -l.c:,. - ,2015, to certify which witness my hand and seal of office.

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Notary Public, State of Texas