Tarsha Yvonne Wiley v. State

• Court: Court of Appeals of Texas
• Decided: February 17, 2015
• Docket: 03-14-00563-CR
• Status: Published

Opinion

ACCEPTED 03-14-00563-CR 4176262 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/17/2015 1:28:43 PM 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 2/17/2015 1:28:43 PM 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 SECOND 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, Appellant’s

counsel filed an Extension of Time to File Appellant’s

Brief on December 31, 2014, and Appellant’s brief is

due February 17, 2015. III.

Appellant’s attorney would respectfully request an

extension of time to file Appellant’s brief for the

following reasons: Appellant’s counsel submitted a

brief reference cause no. 03-14-00462-CR, February 11th,

after the second extension had been granted and brief

is due February 27, 2015. Appellant’s counsel had been

restricted from work activities for three weeks

allowing for recovery of a collapsed lung suffered

January 16, 2015. Appellant’s counsel would therefore

request an extension of time to file brief until March

19, 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 thirty (30) day extension of time

to file the brief herein until March 19, 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 17th day of February 2015.

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