Ron Christopher Johnson v. State

• Court: Court of Appeals of Texas
• Decided: March 5, 2015
• Docket: 14-14-00358-CR
• Status: Published

Opinion

ACCEPTED 14-14-00358-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 3/5/2015 2:54:20 PM CHRISTOPHER PRINE CLERK

CAUSE NO. 14-14-00358-CR

RON CHRISTOPHER JOHNSON, § IN THE FOURTEENTH FILEDCOURT IN 14th COURT OF APPEALS Appellant, § HOUSTON, TEXAS § 3/5/2015 2:54:20 PM VS. § OF APPEALS, CHRISTOPHER A. PRINE § Clerk STATE OF TEXAS, § Appellee. § SITTING IN HOUSTON, TEXAS

THIRD MOTION FOR LEAVE TO FILE APPELLANT’S BRIEF OUT OF TIME

TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

NOW COMES Appellant, RON CHRISTOPHER JOHNSON, and moves

this Court for leave to file his Appellant’s Brief out of time. For good cause, and

in support of his motion, Appellant respectfully shows the Court the following:

1. Appellant filed his Notice of Appeal on April 30, 2014, and this case began

in this Court on May 7, 2014. Appellant’s brief was originally due on December 1,

2014.

2. Appellant filed his first Motion for Leave to File Appellant’s Brief Out of

Time on December 8, 2014, due to counsel’s mother suffering severe complication

following heart transplant surgery, and a heavy caseload. This Court granted that

request, and ordered Appellant to file his brief on or before January 2, 2015.

Appellant requested a second extension of time within which to file his brief, also

due to his counsel’s mother’s health and inability to receive the Reporter’s Record in time to meet the extended deadline. This Court granted that motion, and ordered

Appellant’s Brief due on February 2, 2015.

3. Appellant now requests a third extension of the time within which to file his

Appellant’s Brief. Appellant’s counsel’s mother is still undergoing complications

following surgery, and counsel’s presence and attention to her family has been

necessary. At the time of the last request for an extension, Appellant’s counsel

believed in good faith that her mother’s health was improving, and that she would

be able to meet the new deadline. However, her mother’s health has taken yet

another turn for the worse, following months of hospitalization after a heart

transplant.

4. Accordingly, Appellant requests a third, and final, extension until April 1,

2015, to file his Appellant’s Brief. This request is not made for purposes of delay,

but so that his counsel may effectively and thoroughly present his case before this

Court.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully

requests that this Court GRANT his request, and extend the deadline for filing his

Appellant’s Brief until April 1, 2015.

Respectfully submitted,

___/s/ Heather M. Lytle_________ HEATHER M. LYTLE SBN: 24046487 202 Travis Street, Suite 300 Houston, Texas 77002 Tel. 713-204-7060 Fax 281-786-4539 heather@lytle-law.com

ATTORNEY FOR APPELLANT RON CHRISTOPHER JOHNSON CERTIFICATE OF SERVICE

This is to certify that on March 5, 2015, a true and correct copy of the foregoing instrument was served upon the following counsel of record via electronic service delivery and/or facsimile:

John Harrity III Fort Bend County District Attorney Appellate Division 301 Jackson Street Richmond, Texas 77469

_____/s/ Heather M. Lytle_______ HEATHER M. LYTLE