Lawrence Kelvin Walker, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: January 8, 2015
• Docket: 12-14-00040-CR
• Status: Published

Opinion

ACCEPTED 12-14-00040-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 1/8/2015 11:19:08 AM CATHY LUSK CAUSE NO. 12-14-00040-CR CLERK

LAWRENCE KELVIN § IN THE WALKER, JR. § § FILED IN VS. § TWELFTH COURT 12th COURT OF APPEALS § TYLER, TEXAS THE STATE OF TEXAS § OF APPEALS 1/8/2015 11:19:08 AM CATHY S. LUSK Clerk MOTION TO EXTEND TIME TO FILE APPELLANT’S PRO SE BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes 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 114th Judicial District Court of Smith County,

Texas.

2. The case below was styled State v. Lawrence Kelvin Walker, Jr. and numbered

114-1268-13.

3. Appellant was convicted of Indecency with a Child Sexual Contact.

4. Appellant was assessed a sentence of twenty (20) years confinement in the

Texas Department of Criminal Justine - Institutional Division.

5. Notice of Appeal was given on February 4, 2014.

6. The Clerk's Record was filed on February 7, 2014; the Reporter's Record was

filed on May 11, 2014.

7. The Appellant’s Pro Se Brief is due on January 5, 2015. Counsel requests the

Court an extension of at least sixty (30) days.

8. Appellant requests an extension of time due to the following facts and

circumstances.

A) Appellant previously was sent to the Texas Department of Criminal

Justice-Institutional Division and has had limited access to the law

library located within his unit, and no access to the record. B) Appellant was recently transported back to the Smith County Jail and

has limited access to the law library located in the jail. Apparently, the

law library in Smith County is limited and does not include a set of

Southwest Reporters, so Mr. Walker does not have access to caselaw.

C) Appellant has had limited access to the Clerk’s Record and Reporter’s

Record. Appellant has requested that these items be provided in paper

form so that he can continue working on his pro se brief. Appellant has

not received a response from the Court regarding such request. On

December 30, 2014, the trial court sought guidance from this Court

regarding matters raised by Mr. Walker.

D) It is unknown when Mr. Walker will be returned to a TDCJ unit with a

more complete law library, or if he will have access to the record there.

9. Appellant requests an extension of time due to the above referenced facts and

10. Appellant prays that this Court grant this Motion to Extend Time to File

Appellant’s Pro Se Brief for a period of thirty (60) days, and for such other and

further relief as the Court may deem appropriate.

Respectfully submitted,

Law Office of James W. Huggler, Jr. 100 E. Ferguson, Suite 805 Tyler, Texas 75702 Tel: (903) 593-2400 Fax: (903) 593-3830

By: /S/ James W. Huggler, Jr. James W. Huggler, Jr. State Bar No. 00795437 Attorney for Appellant CERTIFICATE OF SERVICE

This is to certify that on January 8, 2015, a true and correct copy of the above

and foregoing document was served on Michael West, Smith County District Attorney's

Office, 100 North Broadway, Tyler, Texas 75702, by regular mail, fax, hand delivery,

or electronic filing.

/S/ James W. Huggler, Jr. James W. Huggler, Jr.