Tarsha Yvonne Wiley v. State

• Court: Court of Appeals of Texas
• Decided: December 31, 2014
• Docket: 03-14-00563-CR
• Status: Published

Opinion

ACCEPTED 03-14-00563-CR 3623585 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/31/2014 8:40:27 AM JEFFREY D. KYLE CLERK NO. 03-14-00563-CR

IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS THIRD DISTRICT OF TEXAS AT AUSTIN 12/31/2014 8:40:27 AM JEFFREY D. KYLE ********************************************* Clerk

CAUSE NO. 69,201

264th JUDICIAL DISTRICT COURT OF

BELL COUNTY, TEXAS

*********************************************

TARSHA YVONNE WILEY APPELLANT

VS.

THE STATE OF TEXAS APPELLEE

APPELLANT’S MOTION FOR EXTENSION

OF TIME TO FILE BRIEF

COMES NOW Appellant, TARSHA YVONNE WILEY, by and

through her attorney of record, James H. Kreimeyer, and

respectfully moves the Court to extend the time for

filing the Appellant’s Brief in this cause, and in

support hereof would show the Court as follows: I.

On the 17th day of July, 2014, Defendant was found

guilty by the court of the felony offense of Aggravated

Assault with a Deadly Weapon, and Defendant was

sentenced by the trial court to five (5) years

confinement in the Texas Department of Correction -

Institutional Division.

II.

A proper Notice of Appeal was filed on August 6,

2014 in conformity with Rule 26.2(a)(1) of the Texas

Rules of Appellate Procedure. Appellant’s prior

counsel filed an Motion to Withdraw as counsel with the

district court and Appellant’s counsel was appointed

August 18, 2014. The Court Reporter’s record was filed

with this court on December 1, 2014, and Appellant’s

brief is due December 31, 2014. III.

Appellant’s attorney would respectfully request an

extension of time to file Appellant’s brief for the

following reasons: Appellant’s counsel is writing a

brief reference cause no. 03-14-00388-CR after the

second extension has been granted and brief is due

January 13, 2015. Appellant’s counsel has closed his

business in observance of holidays. Appellant’s

counsel has a brief due in this court on January 28,

2015, reference cause no. 03-14-00462-CR and would

request a 45 (forty five) day extension. Appellant’s

counsel would therefore request an extension of time to

file brief until February 14, 2015.

This Motion for Extension of Time is not filed for

the purpose of delay, but so that the ends of justice

may be served.

WHEREFORE, PREMISES CONSIDERED, Appellant requests

the Court to grant a forty five (45) day extension of

time to file the brief herein until February 14, 2015. Respectfully submitted,

/s/ James H. Kreimeyer JAMES H. KREIMEYER ATTORNEY FOR APPELLANT P.O. BOX 727 BELTON, TEXAS 76513 (254) 939-9393 (254) 939-2870 FAX T.S.B. #11722000 jkreime@vvm.com

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of

the foregoing Appellant’s Motion for Extension of Time

to File Brief was delivered to Henry Garza, District

Attorney, Bell County Courthouse, Belton, Texas 76513,

on the 31st day of December 2014.

/s/ James H. Kreimeyer JAMES H. KREIMEYER ATTORNEY FOR APPELLANT