Victor Lamar Jenkins v. State

• Court: Court of Appeals of Texas
• Decided: April 6, 2015
• Docket: 14-15-00038-CR
• Status: Published

Opinion

ACCEPTED 14-15-00038-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 4/6/2015 6:43:06 PM CHRISTOPHER PRINE CLERK

CAUSE NUMBER 14—15—00038—CR

VICTOR JENKINS IN THE COURT OF APPEALS FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS V. FOURTEENTH COURT 4/6/2015 OF APPEALS 6:43:06 PM CHRISTOPHER A. PRINE Clerk STATE OF TEXAS STATE OF TEXAS

APPELLANT’S MOTION TO EXTEND TIME FOR FILING OF APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW THE APPELLANT, by and through his appointed

attorney of record, Paul M. Evans, in the above entitled and numbered

cause, and moves this Court, to grant the Appellant’s Motion to Extend

Time for Filing Appellant’s Brief, and, in support thereof, would show the

Court as follows:

I.

Appellant’s Brief is due before this Court on this date, April 6, 2015.

No previous Motions to Extend Time have been sought.

II.

The undersigned counsel anticipates filing an Anders brief in the

instant cause. On this same date, the undersigned counsel noticed a

discrepancy in the record. To-wit, the “Docket Sheet” found in the Clerk’s

Record—see CR1 82-3—was apparently electronically scanned by the Travis County District Clerk shortly after sentencing in the instant cause.

After examining in person the actual physical docket sheet on this same

date, the undersigned counsel confirmed his suspicion that the trial court

had made one additional notation on said docket sheet that is not reflected

by the version found in the present Clerk’s Record. At the undersigned

counsel’s request, the District Clerk will be supplementing the Clerk’s

Record with the “updated” “Docket Sheet” forthwith.

III.

Counsel would very respectfully request that the deadline for the

Appellant’s brief be extended to April 14, 2015, in order that the

undersigned counsel may have ample opportunity to incorporate the

supplemental material into the Appellant’s Brief and fulfill his obligations

both to his client and to this Court.

IV.

This Motion is not made for purposes of delay, but so that justice

might be served.

WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully

prays that this Court, upon good cause shown, grant the Appellant’s Motion

to Extend Time for Filing Appellant’s Brief. Respectfully submitted, Law Office of Paul M. Evans 811 Nueces Street Austin, Texas 78701 (512) 569-1418 (512) 692-8002 FAX

_/s/ Paul M. Evans________ PAUL M. EVANS SBN 24038885 Attorney for Defendant

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing was delivered by facsimile unto the office of the prosecuting attorney for the State of Texas—mailing address P.O. Box 1748, Austin, Texas 78767, physical address 509 W. 11th Street, Austin, Texas 78701—on this the 6th day of April, 2015.

_/s/ Paul M. Evans________ PAUL M. EVANS

CERTIFICATE OF COMPLIANCE

I hereby certify that the present document contains 442 words, all contents included.