Sutherlin, Johnny Paul

Opinion

PD-0959-15 PD-0959-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 8/6/2015 5:29:24 PM August 11, 2015 Accepted 8/11/2015 12:24:22 PM CAUSE NO. _____________ ABEL ACOSTA CLERK

JOHNNY P. SUTHERLIN § IN THE COURT OF § V. § CRIMINAL APPEALS § STATE OF TEXAS § OF TEXAS

MOTION TO EXTEND TIME TO FILE

PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

Now comes Johnny Sutherlin, Appellant, in the above styled and numbered cause, and

moves for an extension of time of thirty days to file a brief in support of Petition for

Discretionary Review, and for good cause shows the following:

1. On June 24, 2015, the Twelfth Court of Appeals affirmed appellant’s conviction,

Johnny Sutherlin V. The State of Texas, #12-13-00374-CR. This petition was therefore due on

July 24, 2015. This motion is filed pursuant to Rule of Appellate Procedure 68.2C.

2. Counsel has been unable to complete the brief for the following reasons:

a. Counsel is a sole practitioner, and received the judgment from the Court of

Appeals a few days after returning from a law seminar in San Antonio, and was

catching up time out of the office as a result.

b. Since receiving the Tyler Court’s judgment, the undersigned has been

involved in several different contested family law matters, including divorces and

CPS cases, heard contested motion to suppress in a DWI case, conducted an

appeal of a driver license suspension, and tried another DWI case to a jury.

c. Counsel spent approximately one full week taking his wife to multiple doctor appointments, including an emergency room visit and two doctor office

visits in Palestine, a trip to Tyler for a MRI exam, and then a final trip to Tyler to

confer with a back specialist.

3. Defendant is currently incarcerated.

WHEREFORE, PREMISES CONSIDERED, appellant respectfully requests an

extension of thirty days, i.e., until September 6, 2015, to file a Petition for Discretionary Review.

Respectfully submitted,

Wm. M. House, Jr., P.C., Attorney for Johnny P. Sutherland

By: /S/ Wm. M. House, Jr. Wm. M. House, Jr. Texas Bar No. 10045000 Email: wmmhousejr@embarqmail.com 800 N Church Palestine TX 75801 Tel: 903-723-2077 Fax: 903-723-6323

Certificate of Service

This is to certify that on August 6, 2015 a true and correct copy of the above and

foregoing document was served on the District Attorney’s office, Anderson County, Texas via

internet website https://efile.txcourts.gov.

Wm. M. House, Jr., P.C., Attorney for Johnny P. Sutherlin, Appellant