Roger Dee Benefield v. State

• Court: Court of Appeals of Texas
• Decided: March 26, 2018
• Docket: 06-18-00002-CR
• Status: Published

Opinion

ACCEPTED 06-18-00002-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 3/26/2018 12:51 PM DEBBIE AUTREY CLERK

NO. 06-18-00002-CR

ROGER DEE BENEFIELD § IN THE COURT OF APPEALS FILED IN § 6th COURT OF APPEALS VS. § TEXARKANA, SIXTH JUDICIAL DISTRICT TEXAS § 3/26/2018 12:51:57 PM STATE OF TEXAS § DEBBIE AUTREY TEXARKANA, TEXAS Clerk DEFENDANT’S FIRST MOTION TO EXTEND TIME TO FILE BRIEF

TO THE HONORABLE COURT:

COMES NOW ROGER DEE BENEFIELD, Defendant, and moves the Court to extend the

time for filing the Appellant’s Brief in accordance with Rule 10.5 of the Texas Rules of Appellate

Procedure. In support of his motion, Appellant would show the following:

A. Appellant’s brief is due by March 28, 2018.

B. Appellant seeks a thirty-day extension.

C. The undersigned counsel has a Daubert hearing scheduled for tomorrow, March 27, 2018,

at 1:30 p.m. in Larry Short v. Memorial Medical Center et al., CV-00545-15-08 in the 159th

District Court of Angelina County, Texas, approximately two hours away, followed by a

family vacation in San Antonio (parents flew in from New York) until April 1, 2018. The

undersigned counsel filed a response to a petition for review in the Texas Supreme Court,

as requested by the Court, in The Source for PublicData.com, L.P. et al. v. D.K.W., No. 17-

0723, on March 7, 2018. The undersigned counsel had a trial in James Bell v. Wheel &

Performance—Longview, LLC, Cause No. S1-192-17 in the Justice Court of Gregg County,

Texas, Precinct 1, on March 8, 2018.

D. No extensions have previously been granted regarding the Appellant’s brief.

This motion is made not for purposes of delay but so that justice may be done.

Respectfully submitted, THE LAW OFFICE OF JONATHAN WHARTON P.O. Box 3585 Longview, TX 75606 Tel. (903) 931-3616 Fax (903) 900-4727 E-mail: jonwhartonlaw@gmail.com

BY: /s/ Jonathan Wharton JONATHAN WHARTON STATE BAR NO. 24075764 ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing was served on the District Attorney’s Office of Gregg County, counsel for appellee, on this the ______ 26 day of March ___________, 2018, by email.

/s/ Jonathan Wharton JONATHAN WHARTON