Ron Fuson v. State

Opinion

ACCEPTED

03-14-00656-CR

3894177

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/26/2015 11:21:28 AM

JEFFREY D. KYLE

CLERK

NO. 03-14-00656-CR

FILED IN

Ron Fuson § INTHE 3rd COURT OF APPEALS § AUSTIN, TEXAS Vs. § 3rd COURT 1/26/2015 11:21:28 AM JEFFREY D. KYLE

State of Texas § Clerk § OF APPEALS, Austin, Texas

APPELLANT'S MOTION TO EXTEND TIME TO FILE Appellant's Brief TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Ron Fuson 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 (d) of the Texas Rules of Appellate Procedure, and for good cause shows the following:

1. On January 23, 2015 this counsel filed Appellant's Motion to Extend Time to File Appellant's Brief.

2. This case is on appeal from the !19th Judicial District, Tom Green County, Texas.

3. The case below was styled the State of Texas vs.Ron Fuson, and numbered C-12-0998-SB. The Defendant was convicted of Failure to register as a sex offender on September 12, 2014.

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4. Appellant was sentenced to five years in the Institutional Division of the Texas Department of Criminal Justice.

5. Notice of appeal was given on October 14, 2014.

6. The clerk's record was filed on November 12, 20 14; the reporter's record was filed on, November 4, 2014.

8. Appellant's Brief is presently December 12,2014. Counsel is unable to file Appellant's Brief on or before December 12,2014. Counsel, had not had adequate time to review the clerk's record and reporter's record or to conduct an investigation and prepare a proper brief by the present deadline. Counsel believes that an anders brief may be appropriate in this matter. Counsel believes without additional time to prepare said brief appellant will be denied effective assistance of counsel in this matter. Counsels failure to file the brief timely was inadvertent and not a conscious disregard of the courts deadlines.

9. Counsel therefore requests this court extend the time for filing said Brief to 90 days from the current due date of December 12, 2014 so that counsel may review the record in this matter and draft a brief..

10. no previous Extensions has been granted regarding this matter.

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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,

Nathan Butler Attorney at law 180 Stoneham

San Angelo, Texas 76905

Tel: (325) 653-2373

Fax: (325) 617-5485

By:/s/ Nathan Butler

Nathan Butler

State Bar No. 24006935

Attorney for Appellant

Ron Fuson

CERTIFICATE OF SERVICE

This is to certify that on, January 23,2015, a true and correct copy of the above and foregoing document was served on the following by fax to3256586831.

George McCrea 1191h District Attorney 124 W. Beauregard

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San Angelo, Texas 76903

Is/Nathan Butler

Nathan Butler

STATE OF TEXAS § §

COUNTY OF Tom Green §

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared Nathan Butler, 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 Appellant's Motion To Extend Time to File Appellant's Brief and swear that all of the allegations of fact contained therein are true and correct."

Nathan Butler

Affiant

SUDSCRIDED AND SWORN TO BEFORE ME on January 23, 2015, to

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certifY which witness my hand and seal of office.

Notary Public, State of Texas 4"1'!!. MELVA LANITA BUTLER

~ FJ(;~ Notorv Put>llc. State of Texos . My Commission Expires "oi\ '# 111-'

September 17. 2018