Tony Dewayne Crayton v. State

• Court: Court of Appeals of Texas
• Decided: June 17, 2015
• Docket: 06-14-00208-CR
• Status: Published

Opinion

ACCEPTED 06-14-00208-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 6/17/2015 4:29:01 PM DEBBIE AUTREY CLERK

NO. 06-14-00208-CR FILED IN 6th COURT OF APPEALS STATE OF TEXAS § IN THE TEXARKANA, TEXAS § 6/17/2015 4:29:01 PM VS. § 6TH COURT DEBBIE AUTREY § Clerk TONY DEWAYNE CRAYTON § OF APPEALS

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Tony Dewayne Crayton, Appellant in the above styled and

numbered cause, and moves this Court to grant an extension of time to file

appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure,

and for good cause shows the following:

1. This case is on appeal from the 8th Judicial District Court of Hopkins

County, Texas.

2. The case below was styled the STATE OF TEXAS vs. Tony Dewayne

Crayton, and numbered 1323670.

3. Appellant was convicted of Murder.

4. Appellant was assessed a sentence of 50 years on November 24, 2014.

5. Notice of appeal was given on November 24, 2014.

6. The clerk's record was filed on March 26, 2015; the reporter's record

was filed on January 27, 2015. 7. The appellate brief is presently due on June 17, 2015

8. Appellant requests an extension of time of 30 days from the present

date, i.e. July 17, 2015.

9. Two extensions to file the brief has been received in this cause.

10. Defendant is currently incarcerated.

11. Appellant relies on the following facts as good cause for the requested

extension:

A. Appellant’s case raises many areas of appellate consideration

many of which are quite complex, including:

a. Multiple search and seizure issues;

b. Issues regarding the admissibility of Appellant’s

statement to law enforcement;

c. Challenges to a Search Warrant;

d. and the trial court taking judicial notice of evidence

during its deliberations, a unique situation that has not been

thoroughly litigated on appeal.

B. This is a Murder case that involves a severe sentence and all

appellate issues should be given sufficient consideration and time

to be develop and properly brief on appeal.

C. Although Appellant’s attorney has spent considerable time thus far, he need additional time to properly prepare Appellant’s Brief.

D. Appellant’s attorney has spent extensive time in court

appearing on the following dates and cases:

1. Hunt County District Court

a. 06/16/15 State of Texas v. Kendrick Mosley, Cause No.

1401429;

2. 8th Judicial District Court of Hopkins County:

a. 06/11/15 State of Texas v. Michael Bryan Smith, Cause

No. 1524664

b. 06/16/15 State of Texas v. Errand Obrian Tinner, Cause

No. 1323626;

3. 8th Judicial District Court of Franklin County:

a. 06/12/15 State of Texas v. Charles Derrick;

4. Franklin County Court at Law:

a. 06/10/15 State of Texas v. Norman Ball, State of Texas

v. Martin Herrera- Flores;

5. Hopkins County Court at Law:

a. 06/04/15 State of Texas v. Chris Hyche Citation No.

15Z0162

b. 06/10/15 State of Texas v. Lynn Engelke; 6. 8th Judicial District Court of Delta County:

a. 06/05/15 State of Texas v. Terrance Parker, Cause No.

7434, State of Texas v. Britney Jester, Cause No. 7431;

7. Cass County District Court:

a. 06/08/15 State of Texas v. Liroi Kennedy, Cause No.

2014F00175;

8. Lamar County District Court:

a. 06/15/15 State of Texas v. Justin Roundtree

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this

Court grant this Motion To Extend Time to File Appellant's Brief, and for such

other and further relief as the Court may deem appropriate.

Respectfully submitted,

Martin Braddy Attorney at Law 121 Oak Avenue Suite A Sulphur Springs, Texas 75482 Tel: (903) 885-2040 Fax: (903) 500-2704

By: /s/ Martin Braddy Martin Braddy State Bar No. 00796240 martin.braddy@verizon.net Attorney for Tony Dewayne Crayton CERTIFICATE OF SERVICE

This is to certify that on June 17, 2015, a true and correct copy of the above

and foregoing document was served on the District Attorney's Office, Hopkins

County, 110 Main Street Sulphur Springs, Texas 75482, by E-mail.

/s/ Martin Braddy Martin Braddy