Graham Jay Sonnenberg v. State

• Court: Court of Appeals of Texas
• Decided: January 20, 2015
• Docket: 03-14-00530-CR
• Status: Published

Opinion

ACCEPTED 03-14-00530-CR 3825757 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/20/2015 12:43:48 PM JEFFREY D. KYLE CLERK 03-14-00530-CR

GRAHAM JAY SONNENBERG FILED IN THE COURT OF IN APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS VS. THIRD 12:43:48 1/20/2015 DISTRICT PM JEFFREY D. KYLE Clerk STATE OF TEXAS SITTING IN AUSTIN, TEXAS

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF

To the Court of Appeals, Third Supreme Judicial District:

Now comes GRAHAM JAY SONNENBERG, Appellant, by and through his

attorney of record in the above entitled and numbered cause, and files this his Motion

for Extension of Time in which to file Appellant's Brief, and would show the

following:

I.

On August 15, 2014, in the 427th District Court of Travis County, Texas in

Cause No. D-1-DC-14-904026 entitled The State of Texas v. GRAHAM JAY

SONNENBERG, the Appellant was convicted of the offenses of

COUNT ONE (alleged to have been committed on October 29, 2012), Aggravated Assault Bodily Injury with a Deadly Weapon. Defendant sentenced to twenty years confinement; and

COUNT TWO (alleged to have been committed on October 29, 2012), Assault Strangulation Enhanced. Defendant was sentenced to sixteen years confinement.

1 II.

On August 15, 2014, and within the time required by the Texas Rules of

Appellate Procedure Appellant filed his written Notice of Appeal to the Court of

Appeals for the Third Supreme Judicial District of Texas.

III.

A Motion for New Trial was filed on the August 15, 2014, and was overruled

by the court by operation of law.

IV.

The Record on Appeal was timely filed and the Appellant's Brief in this case

is due to be filed not later than January 20, 2105, a date which is less than 15 days

preceding the effective filing date of this motion for extension of time.

V.

That Appellant now makes his first request for an extension of time in which

to file Appellant's Brief. The period of time requested is an additional sixty-three

(63) days, or until March 23, 2015.

VI.

The facts relied upon to reasonably explain the need for an extension of time

are as follows: the undersigned counsel is the only attorney representing Appellant

and is Court Appointed; counsel has been engaged in the preparation for and

2 trial/hearing of various matters which have prevented counsel from preparing

Appellant’s Brief.

WHEREFORE, PREMISES CONSIDERED, Appellant requests this motion

for extension of time be granted and that the Court extend the time for the filing of

Appellant's Brief for a period of sixty three days or until March 23, 2015.

Respectfully Submitted,

LAW OFFICE OF DON MOREHART 316 West 12th Street, Suite 313 Austin, Texas 78701 Telephone 512-551-0404 Telecopier 512-551-0405 Don@MorehartLaw.com ATTORNEY FOR APPELLANT

_ /s/ Don Morehart __ DON MOREHART SBN 14423700

CERTIFICATE OF SERVICE By my signature above/below, I hereby certify that a true and correct copy of the above and foregoing was served upon the State’s Attorney, Travis County District Attorney, VIA FAX to Appellate Section Fax 512-854-4206 on January 17, 2015.

_ /s/ Don Morehart __ Don Morehart