Patrick Demon Stewart v. State

• Court: Court of Criminal Appeals of Texas
• Decided: August 18, 2015
• Docket: 06-15-00120-CR
• Status: Published

Opinion

ACCEPTED 06-15-00120-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 8/18/2015 1:37:14 PM DEBBIE AUTREY CLERK

FILED IN NO. 06-15-00120-CR 6th COURT OF APPEALS TEXARKANA, TEXAS 8/18/2015 1:37:14 PM DEBBIE AUTREY IN THE Clerk

THE SIXTH COURT OF APPEALS FOR THE STATE OF TEXAS

PATRICK STEWART Appellant V.

STATE OF TEXAS Appellee

APPEAL FROM THE 87TH JUDICIAL DISTRICT COURT OF FREESTONE COUNTY, TEXAS TRIAL COURT CAUSE NUMBER 14-153-CR

APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

LAW OFFICE OF STAN SCHWIEGER 600 Austin Avenue, Suite 12 P.O. Box 975 Waco, Texas 76703-0975 (254) 752-5678 (254) 752-7792—Facsimile E-mail: wacocrimatty@yahoo.com State Bar No. 17880500 PATRICK STEWART, Appellant, moves for an extension of THIRTY (30)

days in which to file Appellant’s Brief:

I.

On May 19, 2015, Appellant was convicted of the offense of Burglary of a

building in the 87th District Court, in cause number 14-153-CR. After being found

guilty, Appellant was sentenced to two (2) years in the State Jail Division of the

Texas Department of Criminal Justice.

II. REQUIRED INFORMATION PURSUANT TO THE RULES OF APPELLATE PROCEDURE

A. The deadline for filing the extension:1 August 19, 2015.

B. The length of the extension sought:2 THIRTY (30) days.

C. The facts relied upon to reasonably explain the need for the extension:3

Appellant’s attorney is a sole practitioner engaged in the practice of criminal law. Said attorney has a heavy caseload and has been engaged in other criminal matters, including jury trials, preparation of other appeals, and other case related matters. Counsel will have tried two child sexual assault trials during the pendancy of this matter.

1 TEX. R. APP. P. 10.5(b)(1)(A). 2 TEX. R. APP. P. 10.5(b)(1)(B). 3 TEX. R. APP. P. 10.5(b)(1)(C).

Appellant’s First Motion to Extend Time to File Brief Page 2 D. Number of previous extensions granted for previous Motions for Extension:4 None.

III.

The additional time requested is not sought solely for delay, nor sought

frivolously, but will be of genuine assistance to Appellant’s attorney in preparing

Appellant’s brief.

REQUEST FOR RELIEF

Appellant prays that the Court grant this Motion and extend the deadline for

filing Appellant’s brief to September 18, 2015. In the alternative, Appellant requests

that this Court grant such additional time as is just and proper.

Respectfully submitted,

LAW OFFICE OF STAN SCHWIEGER

/s/ Stan Schwieger Stan Schwieger 600 Austin Avenue, Suite 12 P.O. Box 975 Waco, Texas 76703-0975 (254) 752-5678 (254) 752-7792—Facsimile E-mail: wacocrimatty@yahoo.com State Bar No. 17880500 ATTORNEY FOR APPELLANT

4 TEX. R. APP. P. 10.5(b)(1)(D).

Appellant’s First Motion to Extend Time to File Brief Page 3 CERTIFICATE OF SERVICE

A copy of this Motion was delivered to the Freestone County District Attorney’s Office, Chris Martin at chris.martin@co.freestone.tx.us on August 18, 2015 by this Court’s electronic filing service.

/s/ Stan Schwieger Stan Schwieger

Appellant’s First Motion to Extend Time to File Brief Page 4