James Alan Weatherford v. State

• Court: Court of Appeals of Texas
• Decided: December 29, 2014
• Docket: 03-14-00527-CR
• Status: Published

Opinion

ACCEPTED 03-14-00527-CR 3604514 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/29/2014 2:53:46 PM JEFFREY D. KYLE CLERK IN THE THIRD COURT OF APPEALS FOR THE STATE OF TEXAS FILED IN JAMES ALAN WEATHERFORD 3rd COURT OF APPEALS AUSTIN, TEXAS V. NO. 03-14-00527-CR 12/29/2014 2:53:46 PM JEFFREY D. KYLE THE STATE OF TEXAS Clerk

APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

COMES NOW, James Alan Weatherford, by and through his attorney of record,

Dal Ruggles, and files this his First Motion for Extension of Time to File Brief and in

support thereof, would show the Court the following:

I.

That the above-styled and numbered cause is styled The State of Texas v. James

Alan Weatherford, Cause Number 14-0874-K368 in the 368th Judicial District Court of

Williamson County, Texas. Appellant was sentenced on July 23, 2014.

II.

Appellant plead guilty to counts 2, 3, and 4 of Promotion of Child Pornography

and counts 5-26 of Possession of Child Pornography with no agreed plea

recommendation. Appellant went to the Court for punishment. The trial court assessed

punishment on counts 2, 3, and 4 at twenty (20) years imprisonment for each count to be

served consecutively and five (5) years imprisonment for counts 5-26 to run concurrent

with count 4. The date of sentencing was July 23, 2014.

III.

Appellant’s notice of appeal was filed on August 20, 2014. A motion for new

trial was filed on August 21, 2014. The reporter’s record was filed on November 19,

2014. The clerk’s record was filed on September 8, 2014. Supplemental clerk’s records

were filed on September 18, 2014, November 21, 2014, November 24, 2014 and

November 26, 2014. The due date for the brief is Monday, December 29, 2014.

IV.

This is Appellant’s first motion for extension of time to file his brief.

Appellant respectfully requests a forty-five day extension of time to file the brief, which

would make such brief due on Thursday, February 12, 2015.

V.

The undersigned attorney has been unable to complete the brief due to lack of

time. The Reporter’s record was filed just last month and counsel’s workload has been

such that he has not been able to devote sufficient time to complete the brief. He asks

that this extension be granted so that he may effectively represent Appellant and so that

justice may be done in this case.

Respectfully Submitted,

/s/ Dal Ruggles DAL RUGGLES Attorney at Law 1103 Nueces St. Austin, Texas 78701 Phone: (512) 477-7991 Facsimile: (512) 477-3580 SBN: 24041834 Email: dal@ruggleslaw.com

ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

I, Dal Ruggles, hereby certify that a true and correct copy of the foregoing

Appellant’s First Motion for Extension of Time to File Brief was e-served to Mr. John C.

Prezas of the Williamson County District Attorney's Office on this the 29th day of

December, 2014.

/s/ Dal Ruggles DAL RUGGLES