Monte Ross v. State

Opinion

ACCEPTED 03-15-00222-CR 6761839 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/2/2015 11:54:39 AM JEFFREY D. KYLE CLERK No. 03-15-000222-CR

In the FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS For the 9/2/2015 11:54:39 AM THIRD SUPREME JUDICIAL DISTRICT JEFFREY D. KYLE at Austin Clerk ______________________________________

On Appeal from the 277th Judicial District Court of Williamson County, Texas Cause Number 13-1923-K277 ______________________________________

MONTE KEN ROSS, Appellant v. THE STATE OF TEXAS, Appellee _____________________________________

APPELLANT’S MOTION FOR EXTENSION OF TIME ______________________________

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF

APPEALS:

COMES NOW, Monte Ken Ross, Appellant herein, by and through his

attorney of record, Kristen Jernigan, and files this, his Motion for Extension of

Time. In support of said motion, Appellant would show the Court the following:

1. Appellant’s brief was due in this case on August 25, 2015.

2. Appellant seeks an extension of sixty days in which to file his brief, making his brief due on or before October 24, 2015.

3. In the next thirty days, the undersigned is preferentially set in a murder trial in the 21st District Court of Bastrop County in Cause Number 15,605, The State of Texas v. Daniel Willis. The trial is expected to last two weeks. In addition, the undersigned is set for a hearing in the 434th District Court in Cause Number 11-DCR-56513, The State of Texas v. Cornelius Milan Harper. This is a capital murder case in which there are serious omissions and misstatements in the Reporter’s Record which requires the undersigned to review eighteen volumes of the record before September 9, 2015. Finally, the undersigned has a brief due in the First Court of Appeals in the case of Sean McGuire v. The State of Texas, No. 01-14-00123-CR.

4. The undersigned has filed one previous motion for extension of time in this case.

5. For the reasons set forth above, Appellant respectfully requests that he be granted an extension of sixty days so that his brief in this case will now be due on October 24, 2015.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully

requests that this Court grant his Motion for Extension of Time.

Respectfully submitted,

_______/s/__Kristen Jernigan______ KRISTEN JERNIGAN State Bar Number 90001898 207 S. Austin Ave. Georgetown, Texas 78626 (512) 904-0123 (512) 452-1382 (fax) Kristen@txcrimapp.com CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the

foregoing Appellant’s Motion for Extension of Time has been emailed to John C.

Prezas, Appellate Attorney for the Williamson County District Attorney’s Office,

at jprezas@wilco.org on September 2, 2015.

__/s/ Kristen Jernigan__________________ Kristen Jernigan