Toby MacK Devenport v. State

Opinion

ACCEPTED

07-15-00103-CR

SEVENTH COURT OF APPEALS

AMARILLO, TEXAS 8/25/2015 3:33:34 PM

Vivian Long, Clerk

NO. 07-15-00103-CR

TOBY MACK DEVENPORT § IN THE SEVENTH FILED COURT

IN

7th COURT OF APPEALS

§ AMARILLO, TEXAS vs. § 8/25/2015 3:33:34 PM § VIVIAN LONG THE STATE OF TEXAS § OF APPEALSCLERKOF TEXAS

MOTION TO EXTEND TIME TO FILE THE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW Toby Mack Devenport, Appellant, and files this Motion to

Extend Time to File the Appellant’s Brief until September 24, 2015 pursuant to

TEXAS RULES OF APPELLATE PROCEDURE 38.6 and 10.5(b).

I.

Appellant’s brief is currently due on August 26, 2015. This is Appellant’s

second request for an extension. The first was granted on July 27, 2015.

II.

Appellant respectfully requests one last thirty-day extension to file his brief.

The basis for this request is as follows: defense counsel has had an abnormally

high number of contested hearings, several of which required extensive research,

over the course of the last month. As a result, although progress has been made,

2

counsel has not had sufficient time to devote to completing the necessary research

and drafting of Appellant’s brief.

WHEREFORE, PREMISES CONSIDERED, Appellant prays the Court

grant an extension of time to file Appellant’s Brief until September 24, 2015. This

request is not made for delay but so that justice may be done.

Respectfully submitted,

/s/ ROBYN NANCE Robyn Nance Freeman, Wilcox, & Nance, L.L.C. 2403 Line Ave. Amarillo, Texas 79106 Phone: (806) 220-2515 Fax: (806) 373-4068 SBN: 24060319 Email: nance@lawyersamarillo.com Attorney for Appellant

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above Motion to Extend

Time to File the Appellant’s Brief was served on Mr. Franklin McDonough, the

31st Judicial District Attorney, via facsimile to (806) 669-8050 on August 25, 2015.

/s/ ROBYN NANCE Robyn Nance