State v. Danny Ray Sowell

Opinion

ACCEPTED

12-15-00038-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

4/30/2015 3:45:19 PM

CATHY LUSK

CLERK

NO. 12-15-00038-CR

FILED IN

STATE OF TEXAS § IN THE TWELFTH COURT 12th COURT OF APPEALS

§ TYLER, TEXAS VS. § OF APPEALS 4/30/2015 3:45:19 PM § CATHY S. LUSK DANNY RAY SOWELL § TYLER, TEXAS Clerk

MOTION TO EXTEND TIME TO FILE APPELLEE'S BRIEF TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes DANNY RAY SOWELL, Appellee 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 294th Judicial District Court of Van Zandt County, Texas.

2. The case below was styled the STATE OF TEXAS vs. DANNY RAY SOWELL, and numbered WR14-00136.

3. Appellant’s brief was filed on March 27, 2015.

4. The appellee’s brief was due on April 27, 2015.

5. Appellee does not requests an additional extension of time to file his brief as it was filed on April 29, 2015 6. No previous extension to file the brief has been received in this cause.

7. Appellee is not currently incarcerated.

8. Appellee relies on the following facts as good cause for the requested extension:

On April 13, 2015, Appellee finished his brief in response to Appellant’s brief and attempted to efile his respone. Appellee’s attorney is not very familiar with efiling.

Appellee requested assistance from a 3rd party in his attempt to file the brief. Apparently, the brief was filed as service only. The Van Zandt County Criminal District Attorney, the other party to this matter, was the recipient. Appellee’s attorney did not realize that the brief had not been filed with the Court of Appeals. On April 29, 2015, Appellee’s attorney was reviewing the Court of Appeals website and realized that his brief was not filed with the Court. Appellee’s attorney immediately called the Clerk’s office and did his best to rectify the situation. The Appellee’s brief was filed on April 29, 2015.

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,

Dean White,

Attorney at Law

690 West Dallas

P.O. Box 155

Canton, Texas 75103

Tel: (903) 567-4155

Fax: (903) 567-4964

By: /s/ Dean White

Dean White

State Bar No. 21299500

Attorney for DANNY RAY SOWELL

CERTIFICATE OF SERVICE

This is to certify that on April 30, 2015, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Van Zandt County, 400 S. Buffalo, Canton, Texas 75103, by electronic service through the Electronic Filing Manager to chrismartin@vanzandtcounty.org.

/s/ Dean White

Dean White