Timothy Cortez Choice, Jr. v. State

Opinion

ACCEPTED 12-14-00325-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 3/11/2015 10:11:15 PM CATHY LUSK CLERK

No. 12-14-00325-CR

TIMOTHY CHOICE § IN THE COURT OF APPEALS FILED IN Appellant § 12th COURT OF APPEALS TYLER, TEXAS § vs. § 12TH JUDICIAL 3/11/2015 DISTRICT 10:11:15 PM CATHY S. LUSK § Clerk THE STATE OF TEXAS, § Appelle § AT TYLER, TEXAS

APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF 45-DAY REQUEST

TO THE HONORABLE COURT:

Now comes Austin Reeve Jackson, counsel for Appellant in the above entitled and

numbered cause, and makes this Motion, and for good cause shows the following:

I.

Appellant’s brief in this matter is due on 11 March 2015. No prior extensions

have been requested.

II.

Additionally, while working on this case counsel has also been working on

approximately 50 open appellate cases in this and other courts to which he has been

appointed by Smith County. This has included investigating motions for new trials

(looking for and talking with potential witnesses, jail and office visits with new appellate

appointments, trial court appearances for the same), requests for and reviews of reporter’s

and clerk’s records, research, briefing, review of opinions, investigation of potential PDR

issues, etc. While not all of these seventy or so cases have required significant attention from counsel during this time, many of them have which ahs resulted form counsel

having been able to devote the full attention necessary to this case prior to today’s date.

Because of this, counsel was delayed in completing his brief in this matter.

No prior extensions have been requested and is respectfully prayed that the in the

interest of justice, the Court grant this motion.

WHEREFORE, PREMISES CONSIDERED, undersigned counsel respectfully

prays that, in accordance with the applicable law, the Court grant this Motion and extend

the date by which to file a brief by forty-five days.

Respectfully submitted,

/s/Austin Reeve Jackson Texas Bar No. 24046139 112 East Line, Suite 310 Tyler, TX 75702 Telephone: (903) 595-6070 Facsimile: (866) 387-0152

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing document

was served on counsel for the State by efile concurrently with its filing.

/s/Austin Reeve Jackson