Ron Fuson v. State

Opinion

ACCEPTED

03-14-00656-CR

6434266

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/10/2015 5:25:00 PM

JEFFREY D. KYLE

CLERK

NO. 03-14-00656-CR

RON EVERITTE FUSON § INTHE FILED IN 3rd COURT OF APPEALS

§ AUSTIN, TEXAS vs. § 3rdCOURT 8/10/2015 5:25:00 PM § JEFFREY D. KYLE Clerk

STATE OF TEXAS § OF APPEALS, Austin, Texas

MOTION FOR LEAVE TO FILE LATE BRIEF AND TO EXTEND TIME TO FILE APPELLANT'S BRIEF (Brief Submitted With Motion)

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes RON EVERITTE 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 August 10, 2015 this counsel filed Appellant's Motion to Extend Time to File Appellant's Brief.

2. This case is on appeal from the 119THst District Court of Tom Green County Texas.

3. The case below was styled In the State vs. Ron Fuson and numbered B-

12-0998- SB Appellant's Community Supervision was revoked and

2

Appellant was sentenced to 5 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, 2015; the reporter's record was filed on November 4, 2015.

8. Counsel is Appointed in this matter. Counsel recently discovered that due to an error in his office brief deadlines were inadvertently missed, Counsel has corrected the issue but it resulted in this brief being submitted late. Counsel now believes he has the issue corrected.

9. Counsel therefore requests this court extend the time for filing said Brief to 20 days from the current due date of June 22, 2015.

10. Six previous Extensions have been granted regarding this matter. 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 123 S. Washington

San Angelo, Texas 76901

Tel: (325) 653-2373

3

Fax: (325) 482-8064

By:/s/ Nathan Butler

Nathan Butler

State Bar No. 24006935

Attorney for Appellant

CERTIFICATE OF SERVICE

This is to certify that on, August 10, 2015, a true and correct copy of the above and foregoing document was served on the following by united states mail.

MEGAN WHITE Assistant District Attorney 119 m District Court Tom Green County 124 W. Beauregard San Angelo, Texas 76903

Is/Nathan Butler

Nathan Butler

4

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."

N~

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on August 10, 2015, to certify which witness my hand and seal of office.

$~;~,:''?Z~'·· MELVA LANITA BUTLER,_ ·:; /J'n ~ ~ I< __ /l f ..~X{"\ //~ ~

A

NotoryPublic.StateotTer> .· \·~.~.{:l My Commission Exp•re<. . N p bl' S fT ~-:.:.;i~.~~··"' September 1 7. 201 il · otary u IC, tate o exas ......""'·""'''"·').1·'