Tarsha Yvonne Wiley v. State

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