Perry Lee Penning v. State

• Court: Court of Appeals of Texas
• Decided: January 5, 2015
• Docket: 03-14-00579-CR
• Status: Published

Opinion

ACCEPTED 03-14-00579-CR 3642299 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/5/2015 1:49:03 AM JEFFREY D. KYLE CLERK NO. 03-14-00579-CR

PERRY LEE PENNING, § IN THE THIRD COURTFILED IN 3rd COURT OF APPEALS Appellant § AUSTIN, TEXAS vs. § OF APPEALS AT1/5/2015 1:49:03 AM § JEFFREY D. KYLE THE STATE OF TEXAS, § AUSTIN, TEXAS Clerk Appellee §

SECOND MOTION FOR EXTENSION OF TIME

TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Comes Now, Appellant, Perry Lee Penning, and files this Motion for

Extension of Time to File Appellant’s Brief, pursuant to T.R.A.P. Rule 38.6(d),

and would show:

I.

Appellant’s brief was due on January 2, 2015. Appellant requests an

extension of twenty-eight (28) days to file his brief. One previous extension of

time has been granted.

II.

The facts relied on to reasonably explain the need for this extension are:

1. Unexpected absence of support staff;

2. Personal illness;

1 3. Reduction of hours at U.T. Law Library where the undersigned conducts

much of her legal research on nights and weekends; and

4. This extension is necessary in order to provide effective assistance of

counsel to Appellant.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court

grant an extension of twenty-eight (28) days, until January 30, 2015, in which to

file his brief.

Respectfully submitted,

/s/ Connie J. Kelley Connie J. Kelley Attorney for Defendant on Appeal 1108 Lavaca, #110-221 Austin, TX 78701 (512)445-4504 (512)478-2318 (fax) warrentucker@grandecom.net State Bar No. 11199600

2 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served on

Rosemary Lehmberg, Travis County District Attorney, at P.O. Box 1748, Austin,

Texas 78767 by regular mail on this 2nd day of January, 2015.

/s/ Connie J. Kelley Connie J. Kelley

CERTIFICATE OF COMPLIANCE

This is to certify that the foregoing document is in 14 point font. The word

count is 159 words, which is in compliance with T.R.A.P. Rule 9.4.