Vera Louise Clerkley v. State

Opinion

ACCEPTED 12-14-00342-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 3/6/2015 4:15:20 PM CATHY LUSK CLERK

NO. t2-14-00342-CR FILED IN 12th COURT OF APPEALS STATE OF TEXAS S IN THE TYLER, TEXAS $ 3/6/2015 4:15:20 PM vs. $ 12th couRT CATHY S. LUSK Clerk $ VERA L. CLERKLEY $ OF APPEALS

MOTIOI{ TO EXTEND TIME TO FILE APPELLANTIS BRIEF

TOTHEHONORABLEJUSTICESOFSAIDCOURT:

Now comes Vera L. Clerkley, 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 3rd Judicial District Court of

Anderson CountY, Texas.

2. The case below was styled the STATE OF TEXAS vs' Vera L'

Clerkley, and numbered 31399.

3.AppellantwasconvictedofTheftofProperty>:1500<2K. 20,2014' 4. Appellant was assessed a sentence of one yeas on october

5. Notice of appeal was given on October 22'2014' the reporter's 6. The clerk,s record was filed on December 15, 2014;

record was filed on January 20,2015' 7. The appellate brief is presently due on February 19,2015.

8. Appellant requests an extension of time of 15 days from the present

date, i.e. March 6,2015.

g. No extension to file the brief has been received in this cause.

10. Defendant is currently incarcerated'

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

extension:

On February 18, 2015 this court entered a Per Curiam Order On

Abatement And Remand. In that order the trial court was given 30 days to

supplement the record regarding the trial court's certification as to Appellant's

right to appeal. A hearing on that issue is set for March 16,2015' Undersigned

counsel evidently misunderstood that order of Abatement as it applied to the

briefing deadline.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this for Court grarrtthis Motion To Extend Time to File Appellant's Brief, and such

other and further relief as the Court may deem appropriate.

RespectfullY submitted,

Wm. M. House.Jr., AttorneY atLaw 800 North Church Palestine, Texas 75801 Tel: (903) 723-2077 Fax: (903) 723-6323 in. M. House, Jr. State Bar No. 10045000 wmmhous ej r@embarqmail. com Attorney for Vera L. ClerkleY

CERTIFICATE OF SERVICE

This is to certiff that on March 6,2015, a true and correct copy of the above

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

County, Texas, by personal delivery. STATE OF TEXAS $ $ COUNTY OF ANDERSON $

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared

Wm. M. House, Jr., who after being duly sworn stated:

"I am the attorney for the appellant in the above numbered and

entitled cause. I have read the foregoing Motion To Extend Time to

File Appellant's Brief and swear that all of the allegations of fact

contained therein are true and correct."

Wm. M. House, Jr Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on

2Ol5,to certify which witness my hand

CAR0LYN NEWGEi\rr MY COMMISSION EXprF,i:.j February 11,2017