James Schwing v. State

• Court: Court of Criminal Appeals of Texas
• Decided: November 9, 2015
• Docket: 06-15-00162-CR
• Status: Published

Opinion

ACCEPTED 06-15-00162-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 11/9/2015 3:06:22 PM DEBBIE AUTREY CLERK

IN THE

COURT OF APPEALS FILED IN 6th COURT OF APPEALS SIXTH SUPREME JUDICIAL DISTRICT TEXARKANA, TEXAS 11/9/2015 3:06:22 PM OF TEXAS DEBBIE AUTREY Clerk TRIAL COURT NO. CR2014-385

DOCKET NOS. 06-15-00162-CR

THE STATE OF TEXAS

VS.

JAMES SCHWING

___________________________________________________________

ON APPEAL FROM THE

207TH JUDICIAL DISTRICT COURT

OF BEXAR COUNTY, TEXAS

____________________________________________________________

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF

To The Honorable Judges of The Court of Appeals:

Appellant in the above styled and numbered causes by and through his attorney, makes this

Motion For Extension of Time to File Appellant's Brief, pursuant to the Texas Rules of Appellate

Procedure and as grounds therefore would show the Court:

I.

This cause was heard in the 207th Judicial District Court of Comal County, Texas. II.

The Trial Court cause number and style are as indicated above.

III.

Appellant was convicted of the offense of Possession of a Controlled Substance.

IV.

Appellant was assessed a punishments of 18 years confinement in the TDCJ institutional

division and a fine of $1800.

V.

The Court has granted no previous extensions to file Appellant's brief.

VI.

The length of time requested for the extension is until December 15, 2015.

VII.

Good cause for the requested extension exists because the undersigned counsel was not trial

counsel for Appellant and was appointed by the Court after trial counsel withdrew from

representation of Appellant on Appeal. In addition, though counsel attempted to secure the record

from the District Clerk on two occasions he was unable to do so and finally received the record by

requesting it from the Court reporter on November 6, 2015. In addition, counsel’s appointment in

two capital murder cases has caused scheduling conflicts in his remaining cases.

PRAYER

Wherefore, Appellant by and through his attorney of record, prays that the Court will grant

this motion and extend the time for filing Appellant's Brief until December 15, 2015.

MOTION TO EXTEND TIME TO FILE BRIEF-PAGE 2 Respectfully Submitted,

/s/C. Wayne Huff_____________ C. Wayne Huff P.O. Box 2334 Boerne, Texas 78006 Bar Card No. 10180600 (210) 488-4440 Facsimile (830) 230-5567

ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

The undersigned attorney of record of Appellant hereby certifies that a true and correct copy of

the foregoing motion was served upon the District Attorney for Comal county, on November 9,

2015.

/s/C. Wayne Huff_______________ C. WAYNE HUFF

MOTION TO EXTEND TIME TO FILE BRIEF-PAGE 3