Roger Allen Stulce, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: March 4, 2015
• Docket: 05-14-01226-CR
• Status: Published

Opinion

ACCEPTED 05-14-01226-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 3/4/2015 2:15:37 PM LISA MATZ CLERK

NO. 05-14-01226-CR

STATE OF TEXAS § IN THE § VS. § FIFTH COURT § ROGER ALLEN STULCE, JR. § OF APPEALS

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Roger Allen Stulce, Jr., 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 380th Judicial District Court of Collin

County, Texas.

2. The case below was styled the STATE OF TEXAS vs. Roger Allen

Stulce, Jr., and numbered 380-80196-2013.

3. Appellant was convicted of sexual assault.

4. Appellant was assessed a sentence of twenty (20) years on August 21,

2014.

5. Notice of appeal was given on September 8, 2014.

6. The clerk's record was filed on January 6, 2016; the reporter's record

1 was filed on February 4, 2015.

7. The appellate brief is presently due on March 5, 2015.

8. Appellant requests an extension of time of 30 days from the present

date, i.e. April 5, 2015.

9. No extension to file the brief has been received in this cause.

10. Defendant is currently incarcerated.

11. Appellant relies on the following facts as good cause for the requested

extension:

Along with routine court appearances and hearings, the undersigned attorney

had been extensively preparing Appellant Briefs for the following matters:

Roger Stulce vs The State of Texas: 380-82427-2013; Charles Doyal vs The

State of Texas: 05-14-00943-CR and 05-14-00944-CR.

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,

GIBBS NOLTE ROBISON ROSE 2780 Virginia Parkway Suite 401 McKinney, TX 75071 Tel: (972) 562-0266 Fax: (972) 569-9278

2 By: /s/ Mitchell R. Nolte Mitchell R. Nolte State Bar No. 00797159 Attorney for Roger Allen Stulce, Jr.

CERTIFICATE OF SERVICE

This is to certify that on March 4, 2015, a true and correct copy of the above and

foregoing document was served on the District Attorney's Office, Collin County,

McKinney, Texas, via electronic service.

/s/ Mitchell R. Nolte Mitchell Nolte

3 STATE OF TEXAS § § COUNTY OF COLLIN §

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared

Mitchell R. Nolte, who after being duly sworn stated:

"I am the attorney for the appellant in the above numbered and

entitled cause. I have read the foregoing Motion To Extend Time to

File Appellant's Brief and swear that all of the allegations of fact

contained therein are true and correct."

/s/ Mitchell R. Nolte Mitchell R. Nolte Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on March 4, 2015,

to certify which witness my hand and seal of office.

/s/ Bobbi Johnson Bobbi Johnson Notary Public, State of Texas Commission Expiration: 06/21/2016 Notary ID: 12903646-1