Johnnie Lee Wilson v. State

Opinion

ACCEPTED 03-15-00510-CR 8351275 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/22/2015 4:43:37 PM JEFFREY D. KYLE CLERK

NO. 03-15-00510-CR

JOHNNIE LEE WILSON § INTHE FILED IN 3rd COURT OF APPEALS § AUSTIN, TEXAS vs. § 3rd COURT 12/22/2015 4:43:37 PM § JEFFREY D. KYLE Clerk STATE OF TEXAS § OF APPEALS, Austin, Texas

MOTION FOR LEAVE TO FILE LATE BRIEF AND TO EXTEND TIME TO FILE APPELLANT'S BRIEF (Brief Submitted With Motion)

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes JOHNNIE LEE WILSON 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 22, 2015 this counsel filed Appellant's Motion

to Extend Time to File Appellant's Brief.

2. This case is on appeal from the 39Pt District Court of Tom

Green County Texas.

3. The case below was styled In the State vs. Johnnie Lee Wilson

and numbered Appellant was convicted on April 21, 2015 of

Aggravated Assault and Sentenced to 25 years in the institutional 1 division of the Texas Department of Criminal Justice

5. A motion for new trial was filed May 28, 2015. Notice of

appeal was given on August 11, 2015.

6. The clerk's record was filed on August 27, 2015; the reporter's

record was filed on August 8, 2015.

8. Counsel is Appointed in this matter. This

Counsel was not trial counsel in this matter and 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 60 days from the current due date ofNovember 30, 2015.

10. one previous Extension has 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.

Respectfully submitted, Nathan Butler Attorney at law 123 S. Washington San Angelo, Texas 76901 Tel: (325) 653-2373 Fax: (325) 482-8064 2 By:/s/ Nathan Butler Nathan Butler State Bar No. 24006935 Attorney for Appellant

CERTIFICATE OF SERVICE

This is to certify that on, December 22, 2015, a true and correct copy of the

above and foregoing document was served on the following by united states mail.

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

Is/Nathan Butler Nathan Butler

STATE OF TEXAS § § COUNTY OF Tom Green § 3 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."

<~' Nathan Butler Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on December 22,2015, to

certify which witness my hand and seal of office.

~~&.tt?~ Notary Public, State of Texas

_,.....,,, 6_~~!~ ~~~\ MELVA lANITA BUTLER I :· ':t>: Notary Public. State otTexos of;;.......~:! My Commission Expires ~.z,g:,:.'i-·~ September 17. 2018