Terrance Davis v. State

Opinion

ACCEPTED 06-15-00011-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 6/17/2015 3:33:41 PM DEBBIE AUTREY CLERK

IN THE COURT OF APPEALS Sixth Appellate District State of Texas FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS TERRANCE LAVON DAVIS, 6/17/2015 3:33:41 PM Appellant DEBBIE AUTREY Clerk v. NO. 06-15-00011-CR Trial Court #14F0109-202 STATE OF TEXAS, Appellee

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Terrance Lavon Davis, Appellant, by and through his

below named Attorney and pursuant to Texas Rules of Appellate Procedure,

hereby requests an extension of the time period for the filing of the Appellant’s

Brief and in support of same would show the Court as follows:

I.

A. This case is pending from the 202nd Judicial District Court of Bowie

County, Texas. The date of the Judgment is December 11, 2014, with

sentence being imposed by the trial court on December 11, 2014.

B. The case was styled, “State of Texas v. Terrance Davis, Cause No. 14 F

0109 202.

1 C. Appellant was convicted of the offense of Aggravated Robbery.

D. Punishment was assessed by the jury to 55 years in the Institutional

Division of the Texas Department of Criminal Justice.

E. The Appellant’s Brief is due to be filed June 17, 20155.

F. Appellant requests an extension of the filing of Appellant’s Brief of

fifteen (15) days, making the Appellant’s Brief due on July 2, 2015.

G. Appellant’s attorney has been diligent in researching and preparing the

Appellant’s brief for the Court however, due to counsel’s preparation

and attendance for the criminal pre-trial docket in the Circuit Court in

Ashdown, Arkansas on June 2, 2015, and the preparation and trial in

a bench trial, styled “Ken Autrey v. Tony Clowers, et al”, Cause No.

10C984-005, in the District Court of Bowie County, Texas, on June 16,

2015, which was concluded on June 17, 2015, Appellant’s counsel has

had insufficient time to complete Appellant’s brief.

H. There have been no previous requests for extensions in this cause.

I. Counsel for Appellant has contacted the Assistant Criminal District

Attorney for Bowie County, Texas, who is assigned to this matter and

she has no objection to the request of the Appellant.

2 II.

Appellant’s attorney has been diligent in pursuing this appeal and is not

seeking this extension for the purpose of delay.

PRAYER

WHEREFORE, on the basis of the Texas Rules of Appellate Procedure,

Appellant’s attorney respectfully requests this Court to grant the Motion for

Extension of Time for the filing of Appellant’s Brief.

Respectfully submitted,

/s/ Alwin A. Smith Alwin A. Smith TBN: 18532200 al@alwinsmith.com 602 Pine Street Texarkana, Texas 75501 903/792-1608 903/792-0899 Fax

CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing Motion for Extension of Time to File Appellant’s Brief has been forwarded to Ms. Lauren Sutton, 601 Main Street, Texarkana, Texas, on this the 17th day of June 2015.

/s/ Alwin A. Smith Alwin A. Smith