Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 9/22/2015 1:21:16 PM PAM ESTES Clerk *1 ACCEPTED 12-15-00154-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 9/22/2015 1:21:16 PM Pam Estes CLERK
No. 12-15-00154-CR
DANIEL LEE KNOD § IN THE COURT OF APPEALS
Appellant §
§
vs. § 12TH JUDICIAL DISTRICT
§
THE STATE OF TEXAS, §
Appellee § AT TYLER, TEXAS
MOTION FOR LEAVE TO FILE AMENDED BRIEF
PURSUANT TO TEX. R. APP. PROC. 38.7
TO THE HONORABLE COURT:
Now comes Austin Reeve Jackson, counsel for Appellant in the above entitled and
numbered cause, and makes this Motion for Leave to File Amended Brief, and for good cause
shows the following:
I.
Counsel filed his brief in this matter on 11 August 2015. No extensions were requested
to make that filing.
Counsel has now, through research into issues in other cases, discovered that an
important, non-frivolous issue was missed. An Amended Brief that address that issue is being
filed concurrently with this motion.
Counsel has a good-faith belief that not only is the issue now raised meritorious, but also
that the issue is likely to be resolved in Appellant’s favor. Specifically, it appears that
Appellant’s sentence was improperly enhanced and that resulted in the imposition of a sentence
that exceeded the maximum permissible sentence for the offense charged. By permitting
Appellant to have the issue reviewed now rather than in a subsequent writ, the Court would be
conserving judicial resources and ensuring a quick and just outcome for all parties.
Rule 38.7 of the Texas Rules of Appellate Procedure provides that the Court may permit
the filing of an amended brief “whenever justice requires.” Counsel would urge the Court to
consider that a defendant serving an eighteen year sentence when the maximum permissible
sentence was only two years presents such a situation and it is respectfully requested that the
Court grant leave to file the amended brief today submitted to the court.
WHEREFORE, PREMISES CONSIDERED , undersigned counsel respectfully prays
that, in accordance with the applicable law, the Court grant this Motion and afford accept
Appellant’s Amended Brief.
Respectfully submitted,
/s/ Austin Reeve Jackson
Texas Bar No. 24046139
112 East Line, Suite 310
Tyler, TX 75702
Telephone: (903) 595-6070
Facsimile: (866) 387-0152
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing document was
served on counsel for the State by efile.
/s/ Austin Reeve Jackson