John Charles Terry v. State

• Court: Court of Appeals of Texas
• Decided: May 11, 2015
• Docket: 03-14-00555-CR
• Status: Published

Opinion

ACCEPTED 03-14-00555-CR 5237774 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/11/2015 4:34:51 PM JEFFREY D. KYLE CLERK IN THE COURT OF APPEALS THIRD JUDICIAL DISTRICT FILED IN AUSTIN, TEXAS 3rd COURT OF APPEALS AUSTIN, TEXAS 5/11/2015 4:34:51 PM JEFFREY D. KYLE JOHN TERRY, Clerk APPELLANT

V. NO. 03-14-00555-CR (TRIAL COURT NO. C-1-CR-2011-202939) STATE OF TEXAS, APPELLEE

************************************** APPEALED FROM COUNTY COURT AT LAW NUMBER THREE OF TRAVIS COUNTY, TEXAS ************************************** JUDGE JOHN LIPSCOMBE, PRESIDING ************************************** MOTION FOR EXTENTION FOR TIME TO FILE BRIEF **************************************

TO THE HONORABLE COURT:

COMES NOW, John Terry, Appellant, by and through his appointed

attorney on appeal, Roger M. Nichols, pursuant to Rule 55, Rules of

Appellate Procedure, and files this MOTION FOR EXTENSION FOR

TIME TO FILE BRIEF OF APPELLANT, and support thereof, would show

the Court as follows: I.

On August 14, 2014, in the above cause in the County Court at Law

Number Three of Travis County, a jury found Appellant guilty of Driving

While Intoxicated.

II.

On August 14, 2014, the trial court assessed the Appellant’s

punishment at ten (10) days in the Travis County Detention Center, together

with a fine of $1,500.00.

III.

Notice of Appeal was timely filed by Appellant.

IV.

The transcript and Statement of Facts was filed March 19, 2015.

V. Brief of Appellant was due on April 24, 2015. Scheduling issues

precluded a timely filing of the brief.

VI.

Appellant has not asked for any previous extensions of time to file the

Brief of Appellant. Counsel for Appellant believes he can have the Brief of

Appellant prepared and filed by July 20, 2015.

2 WHEREFORE, Appellant prays that this Honorable Court, for the

reasons set forth above, extend the time for the filing of the Brief of

Appellant herein to July 20, 2015.

Respectfully submitted,

/s/ Roger M. Nichols ROGER M. NICHOLS 7000 N. Mopac, Suite 200 Austin, Texas 78731 512-619-8391 FAX 888-532-4816 State Bar No. 14996760 email: rogernichols@parolelawfirm.com

ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that on this 11th day of May, 2015, a true and correct copy of the above and foregoing Motion for Extension of Time to File Brief was emailed to Ms. Giselle Horton, at giselle.horton@co.travis.tx.us. /s/ Roger M. Nichols ROGER M. NICHOLS

CERTIFICATE OF COMPLIANCE

I hereby certify that according to my computer program used to prepare the foregoing document, the word count, in accordance with Tex. R. App. P. 9.4, is 390 words; and further certify that the brief is in 14- point Times type.

/s/ Roger M. Nichols ROGER M. NICHOLS