John Lynn Kolster v. State

Opinion

ACCEPTED

03-15-00075-CR

8230859

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/14/2015 4:37:23 PM

JEFFREY D. KYLE

CLERK

NO. 03-15-00075-CR

JOHN LYNN KOLSTER § INTHE FILED IN 3rd COURT OF APPEALS

§ AUSTIN, TEXAS vs. § 3rd COURT 12/14/2015 4:37:23 PM § JEFFREY D. KYLE Clerk

STATE OF TEXAS § OF APPEALS, Austin, Texas

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes JOHN LYNN KOLSTER 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 (d) of the Texas Rules of Appellate Procedure, and for good cause shows the following:

1. On December 14, 2015 this counsel filed Appellant's Motion to Extend Time to File Appellant's Brief.

2. This case is on appeal from the 391 st District Court of Tom Green County Texas.

3. The case below was styled In the State vs. John Lynn Kolster and numbered D-14-0523-SB. Appellant was convicted on November 21, 2014 of Assault, Domestic Violence with prior convictions

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enhanced to a second degree felony, and sentenced to 7 years in the institutional division of the Texas Department of Criminal Justice

5. A motion for new trial was filed November 20, 2014. Notice of appeal was given on December 18, 2014.

6. The clerk's record was filed on April 29, 2015; the reporter's record was filed on February 17, 2015.

8. Counsel is Appointed in this matter. This Counsel was not trial counsel in this matter, and has recently finished reviewing the record.

Counsel believes that an Ander's Brief in this matter may be appropriate, and is re-reviewing the record to confirm there is no error in the trial court's judgement. Counsel believes without additional time the Appellant will be denied effective assistance of counsel.

9. Counsel, therefore, requests this court extend the time for filing said Brief to 35 days from the current due date ofNovember 16, 2015.

10. Two previous Extensions have been granted regarding this matter.

WHEREFORE, PREMISES 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.

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Respectfully submitted,

Nathan Butler Attorney at law 123 S. Washington

San Angelo, Texas 76901

Tel: (325) 653-2373

Fax: (325) 482-8064

By:/s/ Nathan Butler

Nathan Butler

State Bar No. 24006935

Attorney for Appellant

CERTIFICATE OF SERVICE

This is to certify that on, December 14, 2015, a true and correct copy of the above and foregoing document was served on the following by united states mail.

MEGAN WHITE Assistant District Attorney 119 TH District Court Tom Green County 124 W. Beauregard San Angelo, Texas 76903

Is/Nathan Butler

Nathan Butler

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STATE OF TEXAS § §

COUNTY OF Tom Green §

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared Nathan Butler, 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 Appellant's Motion To Extend Time to File Appellant's Brief and swear that all of the allegations of fact contained therein are true and correct."

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on December 14, 2015, to certify which witness my hand and seal of office.

\'''"'''''

/J:.~~·'-f.~f_.J:._ ~).*-}~ ~ -r.;~;·.~·,~·s MELVA LANITA BUTLER

Notary Public, State at Texas ~~~

My Cornrntsston Expires Notary Public, State of Texas ''••f..~;.:~•''' Sepfember 17, 2018