James Alan Weatherford v. State

Opinion

ACCEPTED 03-14-00527-CR 5094413 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/30/2015 9:38:26 AM JEFFREY D. KYLE CLERK IN THE THIRD COURT OF APPEALS FOR THE STATE OF TEXAS FILED IN 3rd COURT OF APPEALS JAMES ALAN WEATHERFORD AUSTIN, TEXAS 4/30/2015 9:38:26 AM V. NO. 03-14-00527-CR JEFFREY D. KYLE Clerk THE STATE OF TEXAS

APPELLANT’S FOURTH 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 Fourth 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 Thursday, April 30, 2015.

IV.

This is Appellant’s fourth motion for extension of time to file

his brief. Appellant respectfully requests a twenty-one day extension of time

to file the brief, which would make such brief due on Thursday, May 21,

2015.

V.

Counsel is currently working on several felony appeals, one of which,

Daniel Raymond Vadnais v. State of Texas, Cause No. 03-14-00578, will be

completed and submitted tomorrow, May 1, 2015. Counsel will then be able

to devote his full attention to completing Appellant’s brief for this cause

number along with Appellant’s corresponding brief for cause number 03-14-

00528-CR. Counsel has completed his review of the record and the research

associated with several extensive legal arguments that will be presented in

both of Appellant’s cases. He has not been able to devote sufficient time to

complete the final draft of Appellant’s briefs however due to his demanding

workload. For this reason the undersigned attorney asks that this extension

be granted so that he may devote the additional time necessary to 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 Fourth 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 30th day of April, 2015.

/s/ Dal Ruggles DAL RUGGLES