Rafael Villegas v. State

• Court: Court of Appeals of Texas
• Decided: February 12, 2015
• Docket: 12-14-00269-CR
• Status: Published

Opinion

ACCEPTED 12-14-00269-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 2/12/2015 1:21:19 PM CATHY LUSK CLERK

DOCKET NO. 12-14-00269-CR CAUSE NO. 18769

RAFAEL VILLEGAS § FILED IN IN THE COURT OF APPEALS 12th COURT OF APPEALS TYLER, TEXAS VS. § TWELFTH DISTRICT 2/12/2015 1:21:19 PM STATE OF TEXAS § CHEROKEE COUNTY, CATHY TEXAS S. LUSK Clerk

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes RAFAEL VILLEGAS, Appellant in the above styled and numbered cause, and moves this Court to grant an extension of time to file appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure, and for good cause shows the following:

1. This case is on appeal from the 2nd Judicial District Court of Cherokee County, Texas.

2. The case below was styled the State of Texas Vs. Rafael Villegas, and numbered 18769.

3. Appellant was convicted of AGGRAVATED SEXUAL ASSAULT OF A CHILD.

4. Appellant was assessed a sentence of life confinement institutional division, TDCJ on August 27, 2014.

5. Notice of appeal was given on September 9, 2014.

6. The clerk's record was filed on September 15, 2014; the reporter's record was filed on January 12, 2015.

7. The appellate brief is presently due on February 12, 2015.

8. Appellant requests an extension of time of 30 days from the present date, i.e. March 12, 2015.

9. This is the first request for extension to file the brief filed in this cause.

10. Defendant is currently incarcerated.

11. Counsel for Defendant has been presiding over municipal court jury trials for the last week and has had an influx of new clients and court appointments in the last month.

12. Counsel requests this extension not for the sole purpose of delay but so that justice may be done.

Motion to Extend Time to File Appellant’s Brief Page 1 of 2 13. Counsel has conferred with the prosecuting attorney who has indicated that she does not object to this motion.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant this Motion to Extend Time to File Appellant's Brief, and for such other and further relief as the Court may deem appropriate.

Respectfully submitted,

ALLEN W. ROSS Attorney at Law PO Box 528 Jacksonville, Texas 75766 903.683-2454 (voice) 866.576-5317 (fax) allen@arossatty.com

By:____________________________________ ALLEN W. ROSS State Bar No. 00788324 Attorney for RAFAEL VILLEGAS

CERTIFICATE OF SERVICE

This is to certify that on February 11, 2015 a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Cherokee County, Texas, by facsimile transmission to 903 683 2309.

_______________________________________ ALLEN W. ROSS

Motion to Extend Time to File Appellant’s Brief Page 2 of 2