Louanne Larson v. State

Opinion

FILED )H The Court of %pea)s Sixth District

^^rl^JU Sixth District No, 06-15-00178-CR DEC 2 fi 2015 LOUANNE LARSON ^ ?fl m § IN THE COURT OF APPE^S^^ ^^ MDvant__ _ ^ DebraK.^utMy^G^k VS. .-'f'^^r^iP'J^P^lf1 Dsbra Autrey, Clerk " § SIXTH APPELLATE DISTRICT STATE OF TEXAS § TEXARKANA, TEXAS APPELLEE § FIRST MOTION TO EXTEND TIME FOR FILING APPELLANT'S BRIEF

TO THE HONORABLE COURT OF APPEALS JUDGES:

COMES NOW, Louanne Larson, appellant, pro se, and

respectfully moves the Court to extend the time for filing

AppellantTs Brief, and, in accordance with T.R.A.P. 73, submits

the following:

1. Trial Court Case Number: 10,846

2. Style of Case: State of Texas VS. Louanne Larson

3. Trial Court: 115th District Court of Marion County,

Texas

4. Offense: Capital Murder

5. Punishment Assessed: Life confinement in TDCJ to serve

35 calendar years before parole eligibility

B. Length of Extension Sought: 14 Days

7. Facts Relied Upon to Reasonably Explain the Need for an

Extension: On December 14, 2015 response was received From the

Court of Appeals District Clerk stating that the Trial Court 's

Reporter's Record Statements of Facts had not been received at

yourr Honorable Court. The Motion For Forensic Trace Evidence

Search and DNA Testing relies on the statements of facts

volumes and page numbers therein to verify and prove the truth

and accuracy of the matter, without which, the Court cannot

Z?jul^ bfffgf determine the facts. Secondly, I was informed the appellant's

brief was due on or before December 09, 2015. I did not receive

the letter until December 14, 2015 at the Mountain View Unit

Mailroom, 5 days after the due date. I was not aware that an

appellant's brief was required, as I relied on Texas Code of

Criminal Procedure Article 64 and submitted the Motion and

Accompanying Affidavit that contain the volume and page numbers

to prove facts, state and federal case laws supporting my

argument, exhibits, and documentation supporting the need for

the Motion to granted and the trace evidence search and testing

done. I did not intentionally or neglectfully fail to file the

appellant's brief, I wasn't aware it was required. I beg the

Court to grant the extension, or in the alternative, consider

the Motion and Affidavit as appellant's brief. I throw myself

on the mercy of the Honorable Court.

WHEREFORE, PREMISES CONSIDERED, Movant prays that this

Court will extend the time within which to File Appellant Ts

Brief for 14 days, or whichever time the Court finds reasonable

and acceptable.

Respectfully submitted,

Louanne Larson TDCJ 6649981, Pro se Mountain View Unit 2305 Ransom Road Gatesville, Texas 75528

UNSWORN DECLARATION

I, Louanne Larson, TDCJ No. 649981, being presently

incarcerated in Texas Department of Criminal Justice, Mountain

View Unit, 2305 Ransom Road, Gatesville, Coryell County, Texas,

(X^fc-^-*— 6

statements are true and correct to the best of my knowledge.

Executed on this 14th day of December, 2015.

Xouanne Larson TDCJ eB49981, Pro se Mountain View Unit 2305 Ransom Road Gatesville, Texas 76528

CERTIFICATE OF SERVICE

I, Louanne Larson, do hereby certify that a true and correct

copy of the above and foregoing Motion Requesting Designation of

Trial Statements of Facts and Other Documents has been forwarded

by United States Mail, postage prepaid, first class, to the

District Attorney for Marion County, Texas, 102 W. Austin St.,

Courthouse, Jefferson, Texas, 75657, on this the 14th day of

December, 2015.

Louanne Larson, TDCJ eB49981, Pro se Mountain View Unit 2305 Ransom Road Gatesville, Texas 76528

X^C~- £

THE STATE OF TEXAS § IN THE DISTRICT COURT

VS. § IN AND FOR

LOUANNE LARSON § MARION COUNTY, TEXAS

§

MOTION REQUESTING DESIGNATION OF TRIAL STATEMENTS OF FACTS ON RECORD AND OTHER LISTED DOCUMENTS

TO THE HONORABLE JUDGE OF SAID COURT,

COMES NOW, Louanne Larson, Movant in the above styled and numbered

cause, pro se, and requests that the Clerk of the Honorable Court make and

prepare, as part of the record in the Appeal of this cause true and correct

copies for the inclusion of the following matters;

1. All the Reporter's Record including all Statements of Facts of the

entire trial of the above styled and numbered cause.

2. Copies of all Opinions, Orders, Rulings, and Letters of the record

on file in this cause.

WHEREFORE, PREMISES CONSIDERED, the Movant respectfully prays that the

Honorable Judge will grant and Order the Clerk of this Court to make and

prepare, as a part of the Appeal of cause number 10,846, the second trial,

and matter of record of the Second DNA Motion and send the stated records

to the Sixth Court of Appels Clerk Debra K. Autry, to be presented to the

Court of Appeals Judges for use in the determination of the facts in

movant's DNA Motion and Affidavit appeal for the Sixth Court of Appeal

Cause No. 6-15-00178-CR.

Pro se, Mountain View Unit 2305 Ransom Rd.

Gatesville, Texas 76528

Z-.Oi^^QtfifS) UNSWORN DECLARATION

incarcerated in Texas Department of Criminal Justice, Mountain

View Unit, 2305 Ransom Road, Gatesville, Coryell County, Texas,

verify and declare under penalty of perjury that the foregoing

Respectfully submitted.

.ouanne Larson TDCJ #649981, Pro se Mountain View Unit 2305 Ransom Rd. Gatesville, Texas 76528

copy of the above and foregoing Motion Requesting Designation of

Trial Statements of Facts and Other Documents has been forwarded

District Attorney for Marion County, Texas, 102 W. Austin St.,

louanne Larson TDCJ #649981, Pro^se Mountain View Unit 2305 Ransom Rd. Gatesville, Texas 76528