Jay Tony Rackley v. State

• Court: Court of Appeals of Texas
• Decided: February 12, 2015
• Docket: 12-14-00331-CR
• Status: Published

Opinion

ACCEPTED 12-14-00331-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 2/12/2015 12:51:17 PM CATHY LUSK CLERK

NO. t2-t4-00331-CR FILED IN STATE OF TEXAS $ IN THE 12th COURT OF APPEALS TYLER, TEXAS $ 2/12/2015 12:51:17 PM VS. s 12TH COURT CATHY S. LUSK $ Clerk JAY TONY RACKLEY $ OF APPEALS

TO THE HONORABLE JUSTTCES OF SAID COURT:

Now comes JAY TONY RACKLEY, 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 392ND Judicial District Court of

HENDERSON County, Texas.

2. The case below was styled the STATE oF TEXAS vs. JAy roNy RACKLEY, and numbered B-20,700.

3. Appellant was convicted of SEXUAL ASSAULT oF CHILD.

4. Appellant was assessed a sentence of 15 YEARS TDCJID on 9- Ig-14.

5. Notice of appeal was given on 11-6-14.

6. The clerk's record was filed on 1- 17-15; the reporter's record was filed

on 12-2-14. 7 . The appellate brief is presently due on February 16,2015.

8. Appellant requests an extension of time of 30 days from the present

date, i.e. March 16,2015.

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

10. Defendant is currently ncarcerated.

1 1. Appellant relies on the following facts as good cause for the requested

extension:

Counsel has had numerous contested family law cases as well as numerous

criminal law matters, including several 1't degree felony cases that have been set

for hearings within the last 30 days which have required Counsel to be out of the

office in Court on those matters and unable to spend the amount of time required in

preparing Appellant' s brief.

WHBREFORE, PRBMISBS 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.

Resp ectfully submitted,

JAME,S MILLS PO Box 159 Chandler, Texas 75758 Tel: (903) 849-3965 Fax: (903) 849-4577 State Bar No. 00784608 Attorney for JAY TONY RACKLEY Email : millsandmills@yahoo. com

CERTIFICATE OF SERVICE

This is to certiSr that on February 12, 2015, a true and correct copy of the

above and foregoing document was served on the District Attorney's Office,

Henderson County, by fax to 903-675-6196. STATE OF TEXAS $ s COUNTY OF HENDERSON s

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared

James Mills, 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."

6-m-es Mills

suBSCRIBED AND swoRN To BEFoRE ME y'eJ'u"' /a '2015' 'n to certiff which witness my hand and seal of office.

Public, State of Texas