Ricky Ray Martinez v. State

Opinion

ACCEPTED

09-17-00399-CR

NINTH COURT OF APPEALS

BEAUMONT, TEXAS

12/11/2017 2:01 PM

CAROL ANNE HARLEY

CLERK

No. 09-17-00399-CR

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

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TO THE HONORABLE COURT OF APPEALS: Appellant, under Texas Rules of Appellate Procedure, 38.6(b), respectfully requests the Court to extend the time to file Appellant’s Initial Brief and would show the following: 1. Ricky Ray Martinez is the Appellant. The State of Texas is the Appellee. 2. Appellant’s Initial Brief in this matter is due December 29, 2017. 3. Bobby L Phillips was appointed to represent Appellant in his appeal. 4. Since the date of appointment, counsel for Appellant has had a busy trial schedule and preparation of numerous other briefs. As a result, counsel was unable to allot the necessary time to adequately prepare Appellant’s Initial Brief. 5. Therefore, Appellant requests this Honorable Court to grant Appellant a thirty (30) day extension of time for the filing of Appellant’s Initial Brief due to the voluminous record and the number of appeals briefs due during the following two to three months.

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6. Appellant’s counsel communicated with Carolyn Sckerl “CM” Allen with the Polk County District Attorney’s Office on December 11, 2017 and she stated that she had no objection to Appellant’s Motion for Extension of Time. 7. This is Appellant’s first request for an extension of time to file Appellant’s Initial Brief in this matter, making this the first request that has been made by Appellant. 8. Appellant requests this extension of time not for the purpose of delay, but so that justice can be done and the matter properly presented to this Honorable Court. Respectfully submitted,

/s/ Bobby L Phillips BOBBY L. PHILLIPS State Bar No: 24088223 419 N Washington Ave. Livingston, Texas 77351 Telephone No.: (936) 327-5619 Facsimile No.: (936) 327-5610 Attorney for Appellant

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CERTIFICATE OF CONFERENCE & CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been sent to the Polk County District Attorney’s office on this the 11th day of December, 2017 via fax electronic mail.

/s/ Bobby L Phillips

Bobby L Phillips

Footnotes

1. FILED IN 9th COURT OF APPEALS IN THE COURT OF APPEALS BEAUMONT, TEXAS 9th DISTRICT OF TEXAS 12/11/2017 2:01:15 PM BEAUMONT, TEXAS CAROL ANNE HARLEY —————————————————————————————— Clerk MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S INITIAL BRIEF RICKY RAY MARTINEZ APPELLANT VS. THE STATE OF TEXAS APPELLEE Appealed from the 258th Judicial District Court of Polk County, Texas BOBBY L PHILLIPS State Bar No: 24088223 419 N Washington Ave. Livingston, Texas 77351 Telephone No.: (936) 327-5619 Facsimile No.: (936) 327-5610