Roderick Beham v. State

Opinion

ACCEPTED 06-14-00174-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 5/15/2015 11:20:51 AM DEBBIE AUTREY CLERK

IN THE COURT OF APPEALS Sixth Appellate District State of Texas FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS RODERICK BEHAM, 5/15/2015 11:20:51 AM Appellant DEBBIE AUTREY Clerk v. NO. 06-14-00174-CR Trial Court #14 F 0004 005 STATE OF TEXAS, Appellee

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

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Roderick Beham, Appellant, by and through his below

named Attorney and pursuant to Texas Rules of Appellate Procedure, hereby

requests an extension of the time period for the filing of the Appellant’s Brief

and in support of same would show the Court as follows:

I.

A. This case is pending from the 5th Judicial District Court of Bowie

County, Texas. The date of the Judgment is August 29, 2014, with

sentence being imposed by the trial court on August 29, 2014.

B. The case was styled, “State of Texas v. Roderick Beham., Cause No. 14

F 0004-005.

C. Appellant was convicted of the offense of Aggravated Robbery. D. Punishment was assessed by the jury to 25 years in the Institutional

Division of the Texas Department of Criminal Justice.

E. The Appellant’s Brief is due to be filed May 11, 2015.

F. Appellant requests an extension of the filing of Appellant’s Brief for four

(4) days, making the Appellant’s Brief due on May 15, 2015.

G. Appellant’s attorney has been diligent in researching and preparing the

Appellant’s brief for the Court however, due to counsel’s preparation

and now participation in the trial of a capital murder jury trial styled the

State of Arkansas v. Tim Howard, in the Circuit Court of Little River

County, Arkansas, which began jury selection on April 24th, and the trial

was concluded on May 8th at approximately 11:45 p.m.. Appellant’s,

counsel has had insufficient time to complete Appellant’s brief between

May 11th and May 15th in that Counsel was required to attend court on

Monday May 11th in the County Court at Law in Bowie County, Texas,

was required to conduct criminal pre-trials on May 12th for 26 cases in

the Circuit Court of Little River County Arkansas and was required to try

a bench trial in the District Court of Little River County, Arkansas on

May 13th.

H. There have been two previous requests for extension in this cause.

2 I. Counsel for Appellant has contacted the Assistant Criminal District

Attorney for Bowie County, Texas, who is assigned to this matter and

he has no objection to the request of the Appellant.

II.

Appellant’s attorney has been diligent in pursuing this appeal and is not

seeking this extension for the purpose of delay.

PRAYER

WHEREFORE, on the basis of the Texas Rules of Appellate Procedure,

Appellant’s attorney respectfully requests this Court to grant the Motion for

Extension of Time for the filing of Appellant’s Brief.

Respectfully submitted,

/s/Alwin A. Smith Alwin A. Smith TBN: 18532200 al@alwinsmith.com 602 Pine Street Texarkana, Texas 75501 903/792-1608 903/792-0899 Fax

3 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing Third Motion for Extension of Time to File Appellant’s Brief has been forwarded to Mr. Jerry Rochelle, 601 Main Street, Texarkana, Texas, on this the 15th day of May 2015.

/s/Alwin A. Smith Alwin A. Smith