Kristopher Donald Mixon v. State

• Court: Court of Appeals of Texas
• Decided: June 15, 2015
• Docket: 07-15-00094-CR
• Status: Published

Opinion

ACCEPTED 07-15-00094-CR SEVENTH COURT OF APPEALS AMARILLO, TEXAS 6/15/2015 3:36:26 PM Vivian Long, Clerk

NO. 07-15-00094-CR FILED IN 7th COURT OF APPEALS STATE OF TEXAS § IN THE SEVENTH COURTTEXAS AMARILLO, § 6/15/2015 3:36:26 PM VS. § OF APPEALS VIVIAN LONG § CLERK KRISTOPHER DONALD MIXON § OF THE STATE OF TEXAS

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Kristopher Donald Mixon, 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 251st Judicial District Court of Randall

County, Texas.

2. The case below was styled the State of Texas vs. Kristopher Donald

Mixon, and numbered 23963C.

3. Appellant was convicted of Possession of a Controlled Substance

(Penalty Group 1), a Second Degree Felony.

4. Appellant was assessed a sentence of eight (8) years in the Texas

Department of Criminal Justice – Institutional Division.

5. Notice of appeal was given on March 6, 2015.

1 6. The clerk's record was filed on April 13, 2015; the reporter's record was

filed on May 15, 2015.

7. The appellate brief is presently due on June 15, 2015.

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

date, i.e. until July 15, 2015.

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

cause.

10. Defendant is currently not incarcerated and is released on bond.

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

extension:

Appellant’s counsel was appointed by the trial court to represent Appellant

after the trial of this cause. Appellate counsel did not represent the Appellant at the

trial. Appellant is indigent. The Court clerk’s record of the proceedings consists of

144 pages and the reporter’s record consists of 398 pages including exhibits.

Counsel has not had time to complete Appellant’s brief.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court

grant this Motion To Extend Time to File Appellant's Brief until July 15, 2015, and

for such other and further relief as the Court may deem appropriate.

2 Respectfully submitted,

Easterwood, Boyd & Simmons, P.C. 623 N. Main Street P.O. Box 273 Hereford, TX 79045 Tel: (806) 364-6801 Fax: (806) 364-2526

/s/ JAMES B. JOHNSTON James B. Johnston State Bar No. 10838200 E-Mail: bryan@ebs-law.net Attorney for Kristopher Donald Mixon

CERTIFICATE OF COMPLIANCE

The undersigned certifies that according to the WordPerfect word count tool this document contains 480 words, exclusive of the items excepted by TEX. R. APP. P. 9.4(i)(1).

/s/ JAMES B. JOHNSTON Attorney for Appellant

CERTIFICATE OF SERVICE

This is to certify that on June 15, 2015, a true and correct copy of the above

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

County, 2309 Russell Long Blvd., Suite 120, Canyon, Texas 79015, by facsimile

transmission to (806) 468-5566.