Ojay Johnson v. State

Opinion

ACCEPTED

05-15-00347-CR

FIFTH COURT OF APPEALS

DALLAS, TEXAS

9/18/2015 1:50:34 PM

LISA MATZ

CLERK

CAUSE NO. 05-15-00347-CR

IN THE FILED IN 5th COURT OF APPEALS

COURT OF APPEALS DALLAS, TEXAS FIFTH DISTRICT OF TEXAS 9/18/2015 1:50:34 PM AT DALLAS LISA MATZ Clerk

***************************************

OJAY JOHNSON,

Appellant

v.

THE STATE OF TEXAS

*************************************** MOTION TO EXTEND TIME FOR FILING APPELLANT’S BRIEF TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW Ojay Johnson, Appellant herein, and respectfully submits this his First Motion to Extend Time for Filing Appellant’s Brief pursuant to the provisions of TEX. RULE. APP. 38.6 (d) and in support thereof would show the Court as follows:

I.

The brief is currently due to be filed on Monday, September 14, 2015 (the original filing date of September 12, 2015 having been extended by TEX. RULE. APP. 4.1 [a]).

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II.

Appellant requests an extension of 3 days to September 17, 2015.

III.

The brief has not been previously tendered because of other commitments of counsel, both trial and appellate. In addition, Monday and Tuesday of this week were Jewish religious holidays.

III.

No previous extension motions have been presented or granted.

WHEREFORE, for the foregoing reasons appellant through counsel, respectfully requests that this Honorable Court grant this motion.

Respectfully submitted,

/S/ Lawrence B. Mitchell

LAWRENCE B. MITCHELL

SBN 14217500

P.O. Box 797632

Dallas, Texas 75379

Tel. No.: 214.870.3440

E-mail: judge.mitchell@gmail.com Attorney for Appellant

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CERTIFICATE OF SERVICE

The undersigned attorney hereby certifies that a true and correct copy of the foregoing brief is being served on the attorney for the State of Texas, Lori Ordiway by e-mail at lori.ordiway@dallascounty.org on this the 17day of September, 2015.

/s/ Lawrence B. Mitchell

LAWRENCE B. MITCHELL