Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/10/2015 3:26:15 PM JEFFREY D. KYLE Clerk
*1 ACCEPTED 03-15-00058-CR [5625094] THIRD COURT OF APPEALS AUSTIN, TEXAS 6/10/2015 3:26:15 PM JEFFREY D. KYLE CLERK NO. 03-15-00058-CR STATE OF TEXAS § INTHE § vs. § THIRD COURT §
BRADY ALAN DANIEL § OF APPEALS MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Brady Alan Daniel, 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 35th Judicial District Comt of ? County, Texas. 2. The case below was styled the STATE OF TEXAS vs. Brady Alan Daniel, and numbered 3029. 3. Appellant was convicted of Aggravated Assault. 4. Appellant was assessed a sentence of thirty-five years on November
18,2014. 5. Notice of appeal was given on January 21,2015. 6. The clerk's record was filed on May 19, 2015; the reporter's record
*2 was filed on January 26, 2015. 7. The appellate brief is presently due on June 18, 2015. 8. Appellant requests an extension of time of 60 days from the cutTent
due date, i.e. until on or about August 18, 2015. 9. No extension 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) Counsel for Appellant is currently completing a capital brief in Lanny Marvin Bush v. State of Texas, Appellate Case No. 11-14-00129-CR, Eleventh Court of Appeals. Appellant's brief is due Monday, June 29, 2014.
B) Counsel for Appellant has a previously scheduled out-of-state family vacation July 1-7,2015. C) Counsel for Appellant is enrolled in the Center for American and International Law Criminal Defense Trial Skills & Trial Law Program in Plano, TX from August 2-6, 2015.
D) Counsel for Appellant has numerous bench and jury trial settings throughout the summer and is unable to currently determine which cases will actually proceed to trial.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this *3 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, Woodley & Dudley 707 Center A venue Brownwood, TX 7 6801 Tel: (325) 646-7685 Fax: (325) 646-7688 Emily@woodleydudley.net By~~~
State Bar No. 00796347
Emily@woodleydudley .net Attorney for Brady Alan Daniel
CERTIFICATE OF SERVICE
This is to certify that on June 8, 2015, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Mills County, 200 S. Broadway, Brownwood, TX 76801, by electronic service through the Electronic Filing Manager.
\ *4 STATE OF TEXAS § § COUNTY OF BROWN §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared Emily Miller, 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." SUBSCRIBEDANDSWORNTOBEFOREMEon ~ u i , 2015.
to certify which witness my hand and seal of office. /-:::,, • . . ! ;:::;. c. 4-a~~.r
/
7 Notary Public, State of Texas •"'"'"'' TERESA 0 . CULPEPPER lf,f~J<'f.~ ~.~~~ Noiarv Public. State of Texas r•: l g My Commission Expires \:j;it ... ·~ll December 13 · 2018
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