Jessica Boyett v. State

Opinion

ACCEPTED 06-15-00023-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 9/7/2015 2:59:41 PM DEBBIE AUTREY CLERK

SIXTH COURT OF APPEALS FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 06-15-00023-CR 9/8/2015 8:47:00 AM DEBBIE AUTREY Clerk

Jessica Boyett, Appellant v. State o[Texas,Appellee

On Appeal from the 6th Judicial District Court Lamar County, Texas Cause Number 25505

Motion to Extend Time to File Appellant' s Brief

THE LAW OFFICE OF KRISTIN R. BROWN Kristin R. Brown, Attorney 18208 Preston Road, Suite 09375 Dallas, Texas 75252 P: 214-446-3909 F:214-481-4868 E: kbrown@idefenddfw.com SBN:24081458 !

To the Honorable Justices of the Court of Appeals:

Appellant Jessica Boyett moves for an extension of time of 30 days to

file the Appellant's Brief [See Tex. Rule App. Proc. 10.5(b) and 38.6(c)]:

1. This case is on appeal from the 6th Court of Appeals of Lamar

County, Texas.

2. The case below is styled the State of Texas v.]essica Boyett, and is

numbered 25505.

3. On February 3, 2015, sentence was imposed in open court.

4. Appellant was convicted of Conspiracy to Manufacture a Controlled

Substance.

5. Appellant is presently on an appeals bond, and was placed on

community supervision for a period of three years.

6. The reporter's record was filed on July 7, 2015.

7. The clerk's record was filed on March 31, 2015.

8. The Appellant's Brief is due on September 8, 2015.

9. Appellant requests an extension of time of 30 days from the

present due date to file the Appellant's Brief, i.e., until October

8. 2015.

2 10. One previous extension to file the Appellant's Brief has been filed.

11. Appellant relies on the following facts as good cause for the

requested extension: Attorney for Appellant has suffered the

loss of numerous close family members in the last few months,

and the loss-as well as the travel necessitated by the loss-has

put Attorney for Appellant slightly behind in her briefing.

12. Further, Attorney for Appellant has the following briefs,

petitions for discretionary review, or other pleadings due soon:

a. Fothergill v. State, 05-15-00133-CR, reply brief due in the Fifth Court of Appeals

b. Kirvin v. State, 05-14-01593, brief due in the Fifth Court of Appeals

c. Bates v. State, 05-15-00899-CR, brief due October 2, 2015, in the Fifth Court of Appeals

d. Gray v. State, 05-15-919-CR, oral arguments in murder case on September 23, 2015, in front of the Fifth Court of Appeals

e. Aday v. State, 05-14-1593, supplementary brief due to new case law due to the Fifth Court of Appeals

f. Cahill v. State, 05-15-00577, brief due on October 14, in the Fifth Court of Appeals.

13. In addition, besides her regular trial docket, and additional

upcoming appeals, Attorney for Appellant continues work on a

multi-county, multi count case involving several felonies, and

3 travel and investigation for this case have been substantial.

14. Finally, Attorney for Appellant continues work on several habeas

cases involving the underlying issue in Miller v. Alabama, 132 S.Ct.

2455 (2012).

15. Attorney for Appellant has a responsibility to provide Appellant

with the effective assistance of appellate counsel, see Evitts v.

Lucey, 469 U.S.387, 392 (1985), and Attorney for Appellant

believes that that the additional time is necessary to provide

such effective appellate counsel.

16. Attorney for Appellant thus requests the extension so that he

may properly prepare the Appellant's Brief in accordance with

Attorney for Appellant's standards and to provide Appellant the

effective assistance of appellate counsel.

17. This Motion is not filed for purposes of delay, but so that justice

may be served.

Prayer

Appellant prays that this motion for extension of time to file the

Appellant's Brief be granted.

4 Respectfully submitted,

Kristin R. Brown 18208 Preston Road, Suite 09375 Dallas, Texas 75252 Phone: 214-446-3909 Fax: 214-481-4868 Email: kbrown@idefenddfw.com Texas Bar No. 24081458 Attorney for Appellant

Kristin R. Brown

5 Certificate of Service

This certifies that on September 7, 2015, a true and correct copy of this document was served on Gary Young of the District Attorney's Office, Lamar County, by email to gyoung@co.lamar .tx.us.

/f/ffrlA- Kristin R. Brown