Robert Lee Tinsley, IV. v. State

Opinion

ACCEPTED 01-15-00669-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 12/18/2015 4:05:28 PM CHRISTOPHER PRINE CLERK

Ol-lS-00668-CR and Ol-lS-00669-CR

THE STATE OF TEXAS § IN THE 262ND DISTRICTFILED IN COURT 1st COURT OF APPEALS § HOUSTON, TEXAS VS. § 12/18/2015 4:05:28 PM § CHRISTOPHER A. PRINE ROBERT LEE TINSLEY § OF HARRIS Clerk COUNTY, TEXAS

SECOND MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUDGES OF THE COURT OF APPEALS, FIRST SUPREME JUDICIAL DISTRICT:

COMES NOW, ROBERT LEE TINSLEY, a party desiring to appeal to this Court

as Appellant and requests that pursuant to Tex. R. A~ P. 38.6(d) and 10.5(b) this Court extend

the time by thirty (30) days in which to file Appellant's Brief in this cause. In support thereof

Appellant would show:

1. The trial Court where the case is pending is the 262nd District Court of Harris

County, Texas.

2. The cause numbers and styles of the cases in the trial court are 145,3002 and

145,3003 styled, The State of Texas vs. Robert Lee Tinsley, IV.

3. On July 29, 2015, a jury found Appellant guilty for the offenses of Aggravated

Sexual Assault of a Child - Under 14, as charged in the indictments.

4. Afterwards, the Jury sentenced Appellant to 18 years confinement in the Texas

Department of Criminal Justice, Institutional Division (in cause number 145,3002) and 10

years confinement (in cause number 145,3003) to run concurrently.

5. Appellant filed a Notice of Appeal with prior counsel, who withdrew, and afterwards the undersigned was appointed to represent Appellant on September 10, 2015.

6. No Motion for New Trial was filed.

7. The deadline for filing the Appellant's Brief is now December 21, 2015.

8. There has been one (1) previous extension to file Appellant's Brief.

9. A fifteen (15) day extension is sought at this time.

10. The following facts show good cause for the granting of the Motion to Extend

Time to File Appellant's Brief. I am currently managing a heavy litigation docket of both

criminal and civil cases and I am handling numerous other legal matters, at this time. I have

been dealing with comprehensive discovery issues on a federal trade secret case in Ohio and,

at the same time, preparing for numerous trial settings. Additionally, I am finishing up

another brief due before the holiday which I plan on filing before Christmas. Under the

circumstances, I simply need more time to review the record and prepare my brief in this

case. Accordingly, an extension is being respectfully requested at this time.

WHEREFORE PREMISES CONSIDERED, Appellant prays that the Court grant

this Motion for extension to file the Appellant's Brief. The undersigned attorney, Mark A.

Rubal, appearing before a notary public and being duly sworn, on his oath states the facts

contained in the above numbered Paragraphs are within his personal knowledge and are true

and correct. Respectfully submitted,

Mark A. Rubal SBN 17360325 15150 Middlebrook Drive Houston, Texas 77058 (281) 286-2222 Telephone (281) 488-4597 Telefax

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion was served upon the Harris County District Attorney's Office, pursuant to the local rules.

Mark A. Rubal

Via Facsimile (713) 755-5809 Harris County District Attorney's Office Appellate Division 1201 Franklin Street, Suite 600 Houston, Texas 77002-1923 Counsel for The State of Texas THE STATE OF TEXAS § § COUNTY OF HARRIS §

Before me, the undersigned authority, on this day personally appeared Mark A. Rubal, who',upon his oath did state:

"I have prepared and read the foregoing Motion to Extend Time For Filing Appellant's Brief, and I state that the facts set forth in such motion are true and correct, and that the Motion is not being sought for purposes of delay."

Subscribed and sworn before me on this the 18th day of December, 2015, by the Affiant Mark A. Rubal.

f~\ ColeHe Wiltshire ~\,~)A My CommiSSion ExpHes ~~OF~ 11/2212019 Notary Public in and for the State of T E X A S