Leming, James Edward

Opinion

FILED IN PD-0072-15 COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS July 13, 2015 Transmitted 7/13/2015 12:20:00 PM Accepted 7/13/2015 1:33:26 PM ABEL ACOSTA, CLERK in THE COURT OF CRIMINAL APPEALS ABEL A9pf]"A CLERK

JAMES LEMING § APPEALED FROM THE Appellant COURT OF APPEALS, 6th DISTRICT V. § CCA NO. PD-0072-15 CASE NO. 06-13-00264-CR TRIAL COURT NO. 41799-B THE STATE OF TEXAS Appellee § STATE OF TEXAS

FOURTH MOTION FOR EXTENSION OF TIME TO REPLY TO STATE'S BRIEF

TO THE HONORABLE COURT OF APPEALS:

NOW COMES, JAMES LEMING, the Appellant herein, and moves the Court for an

extension of time to file Appellant's Reply to State's Brief in this cause, pursuant to Rules 38.6

and 10.5 (b) of the Texas Rules of Appellate Procedure, and in support thereof would show the

Court as follows:

I.

The Appellant in this cause was convicted in the 124th District Court, Gregg County, Texas in cause number 41,799-B for the offense of Driving While Intoxicated 3r or More listed

in penalty group three (3). On October 14, 2013, punishment was assessed at ten (10) years in

the Texas Department of Criminal Justice - Institutional Division.

II.

The State's Brief was filed on May 22, 2015. The Appellant's Response to State's Brief is

due on or about July 14,2015.

III.

The Appellant hereby requests an extension of time to file Appellant's Response to

State's Brief. The undersigned counsel has been unable to devote sufficient time to the review of the

State's Brief, research and preparation of Appellant's Response to State's Brief for the following

good and sufficient reasons:

This counsel's illness continues and he is still under a doctor's care.

WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on behalf of

Appellant, respectfully prays that this Honorable Court extend the time for filing Appellant's ,

Response to State's Brief for an additional one (01) week, to July 21, 2015.

RESPECTFULLY SUBMITTED,

Isi Clement Dunn Attorney for Appellant 140 E. Tyler Street, Suite 240 Longview, TX 75601 (903) 753-7071 Fax (903) 753-8783 State Bar # 06249300 CERTIFICATE OF SERVICE

As Attorney of Record for Defendant, I do hereby Certify that a true and correct copy of

the above and foregoing document was this date provided to the Attorney for the State.

Date: 07-13-15

Is/ Clement Dunn Attorney for Appellant IN THE COURT OF CRIMINAL APPEALS

JAMES LEMING § APPEALED FROM THE Appellant COURT OFAPPEALS, 6th DISTRICT VI. § CCA NO. PD-0072-15 CASE NO. 06-13-00264-CR TRIAL COURT NO. 41799-B THE STATE OF TEXAS Appellee § STATE OF TEXAS

ORDER

BE IT REMEMBERED, that on the day of , 20 , came

on to be considered the above and foregoing Fourth Motion for Extension of Time to File

Appellant's Response to State's Brief. After consideration of the same, it is the opinion of the

Court that Appellant's Motion be:

( ) GRANTED, and the present cause is hereby extended until

20 .

( ) DENIED, to which ruling the Appellant excepts.

( ) SET FOR HEARING ON THE day of ,20 , at

o'clock .

SIGNED:

JUDGE PRESIDING