Timothy Tanner Viator v. State

Opinion

ACCEPTED

12-15-00018-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

8/21/2015 10:11:46 PM

CATHY LUSK

CLERK

FILED IN

12th COURT OF APPEALS

TYLER, TEXAS

8/21/2015 10:11:46 PM

CATHY S. LUSK

Clerk

CAUSE NUMBER 12-15-0001S-CR

TIMOTHY TANNER VIATOR § IN THE §

VS. § TWELFTH JUDICIAL DISTRICT §

THE STATE OF TEXAS § COURT OF APPEALS

APPELLANT'S

SECOND MOTION TO EXTEND TIME TO FILE BRIEF \

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW Appellant Timothy Tanner Viator, by and through Colin D. McFall, Attorney of Record, in the above numbered and styled cause, pursuant to Rule 10.5 (b) and Rule 38.6 (d), Texas Rules of Appellate Procedure, and for good cause moves this Court grant Appellant's Second Mption to Extend Time to File Brief. In support of said motion, the Appellant would respectfully show this Honorable Court the following:

I.

Pursuant to Rule 10.5(b) (1) (A), Texas Rules of Appellate Procedure, Appellant's Briefis due on the 21 st day of August 2015.

II.

Pursuant to Rule 10.5(b) (1) (B), Texas Rules of Appellate Procedure, Appellant respectfully request a thirty (30) day extension of time to file Appellant's Brief. If granted, Appellant's Briefwould be due on the 21st day of September 2015.

III.

Pursuant to Rule 10.5(b) (1) (C), Texas Rules of Appellate Procedure, Counsel relies on the following facts to reasonably explain the need for the requested extension:

Counsel is engaged in the multijurisdictional private practice of law. Counsel engages in the practice of family law, juvenile law, criminal defense and quasi criminal proceedings. Counsel operates two offices in the East Texas area. Counsel submits his work load is high. Because of the demands of private practice and a high work load, Counsel has not had an effective amount of time to draft an appellate brief. Counsel needs the requested extension of time to effectively represent Appellant. Appellant is entitled to the effective representation of Counsel.

IV.

Pursuant to Rule 10.5(b) (1) (D), Texas Rules of Appellate Procedure, this is Counsel's second motion for an extension oftime to file Appellant's Brief.

V.

Pursuant to Rule 10.1 (5), Texas Rules of Appellate Procedure, Counsel was not able to consult with opposing counsel, to confirm the instant motion is unopposed.

VI.

WHEREFORE, PREMISES CONSIDERED, Appellant Timothy Tanner Viator, prays the Appellate Court grant Appellant's Second Motion to Extend Time to File Brief, and grant Counsel an additional thirty (30) days to file Appellant's Brief.

RESPECTFULL Y SUBMITTED,

513 North Church Street

Palestine, Texas 75801-2962 Telephone: 903-723-1923 Facsimile: 903-723-0269 24027498 Email: cmcfall@mcfall-Iaw-office.com

CERTIFICATE OF SERVICE I, Colin D. McFall, Attorney of Record for the above styled Appellant, hereby certify service of a true and correct copy of the above and foregoing document upon Anderson County Assistant Criminal District Attorney, Scott Holden, at sholden@co.anderson.tx.us, by email transmission, on the 21 st day of August 2015. RESPECTFULL Y SUBMITTED,

/;fpP/~ C::OLIN D. FILi-CFALL V 513 North Church Street

Palestine, Texas 75801-2962 Telephone: 903-723-1923 Attorney at Law Facsimile: 903-723-0269 Texas Bar Number: 24027498 Email: cmcfall@mcfall-law-office.com

CAUSE NUMBER 12-15-00018-CR

TIMOTHY TANNER VIA TOR § IN THE §

VS. § TWELFTH JUDICIAL DISTRICT §

THE STATE OF TEXAS § COURT OF APPEALS

AFFIDAVIT

BEFORE ME, the undersigned notary, on this day, personally appeared Colin D. McFall, a person whose identity is known to me. After I administered an oath to Colin D. McFall, upon his oath, he said:

"My name is Colin D. McFall. I am over eighteen (18) years of age, of sound mind and capable of making this Affidavit. I am the Attorney of Record for Timothy Tanner Viator, in the above numbered and styled cause. I have read the Appellant's Second Motion to Extend Time to File Brief and swear the facts relied on are within my personal knowledge.

SWORN to and SUBSCRIBED before me by Colin D. McFall on the 21 SI day of August

2015.

~~:"F.~"" DAWN M. MCFALL 1:~~ ..t-\

Notary Public. State of Texas ~;.,~./~f My Commission Expires ~ ':t,:t.(::~~"October 01. 2017

Notary Public in and for the State of Texas My commission expires: l0 ~ ()l - 2. () r 7