Lawrence Kelvin Walker, Jr. v. State

Opinion

ACCEPTED 12-14-00040-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 2/2/2015 2:01:54 PM 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 2/2/2015 2:01:54 PM CATHY S. LUSK Clerk MOTION TO RECALCULATE DEADLINES

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 was due on January 5, 2015. Counsel requests the

Court an extension of at least sixty (60) days from January 5, 2015.

8. Appellant requests a recalculation of time due to the following facts and

circumstances.

A) On January 16, 2015, this Court remanded the case for a hearing to the

114th District Court on the issue of length of time to file a Pro Se

Response to Brief. B) The trial court has until February 5, 2015 to submit a supplemental

record and findings of fact to this Court.

C) The calendar for this case still has a date of January 5, 2015 for the

Appellant’s Brief to be filed, and states in the Brief section that

Appellant’s Brief was not filed.

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

more complete law library. Mr Walker has been provided, or if he will

have access to the record there.

E) While it appears that the trial court held a hearing, appellate counsel was

not notified, did not appear, and did not know the hearing had been held

until he received a letter from his client. While I did not locate any non-

frivolous error to raise in this record, until the motion to withdraw is

granted by this Court, Mr. Walker still has an attorney who should have

been notified.

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

circumstances.

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

Appellant’s Pro Se Brief for a period of sixty (60) days from January 5, 2015, 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 February 2, 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.