Ronnie Hue Montgomery v. State

Opinion

ACCEPTED 03-15-00203-CR 7270803 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/7/2015 1:37:12 PM JEFFREY D. KYLE CLERK

NO. 03-15-00203-CR FILED IN STATE OF TEXAS § IN THE 3rd COURT OF APPEALS AUSTIN, TEXAS § 10/7/2015 1:37:12 PM VS. § THIRD COURT JEFFREY D. KYLE § Clerk RONNIE HUE MONTGOMERY § OF APPEALS

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Ronnie Montgomery., 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 147th Judicial District Court of Travis

County, Texas.

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

Montgomery, and numbered D1DC-13202988 in the District Court of Travis

3. Appellant was convicted of Evading in Vehicle.

4. Appellant was assessed a sentence to 5 years TDCJ. The 5 year

sentence was probated and Appellant was placed on 5 years probation .

Notice of appeal was given.

6. The clerk's record and the reporter's record were filed. 7. The appellate brief was presently due on or about October 5, 2015.

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

date, i.e. that the brief be due on or before November 7, 2015.

9. Defendant is currently free on probation and not incarcerated.

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

extension:

A.) Appellant’s counsel is investigating whether or not to make a Faretta

Warnings argument. On the record, the Court makes reference to giving Faretta

Warnings at an earlier hearing on the record. Appellant’s counsel had searched the

record and is unable to find those warnings.

Appellant’s counsel has spoken to the Court Reporter and the Court and has

requested that the Court Reporter provide all the records for all hearings on the

record and Not just the transcript for the day of the trial. Appellant counsel

requested in writing all hearings prior to trial and has reiterated that request to the

Court Reporter and has asked her to supplement her filings with this Court when

she locates those transcripts.

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,

RICKEY D. JONES ATTORNEY AT LAW 1910 Pacific Ave, Ste 15100 Dallas, Texas 75201 Tel: (214) 742-0708 Fax: (214) 742-5956

By: Rickey D. Jones State Bar No. 00787791 Attorney for Appellant

CERTIFICATE OF SERVICE

This is to certify that on October 5, 2015, a true and correct copy of the

above and foregoing document was served on the District Attorney's Office, Travis

County, by facsimile transmission.

Rickey D. Jones