Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 3/30/2015 9:12:29 AM JEFFREY D. KYLE Clerk IN THE THIRD COURT OF APPEALS THIRD COURT OF APPEALS 3/30/2015 9:12:29 AM JEFFREY D. KYLE 03-14-00528-CR AUSTIN, TEXAS *1 ACCEPTED [4685128] CLERK
FOR THE STATE OF TEXAS
JAMES ALAN WEATHERFORD
V. NO. 03-14-00528-CR
THE STATE OF TEXAS
APPELLANT’S THIRD MOTION FOR
EXTENSION OF TIME TO FILE BRIEF TO THE HONORABLE THIRD COURT OF APPEALS:
COMES NOW, James Alan Weatherford, by and through his attorney
of record, Dal Ruggles, and files this his Third Motion for Extension of
Time to File Brief and in support thereof, would show the Court the
following:
I.
That the above-styled and numbered cause is styled The State of
Texas v. James Alan Weatherford, Cause Number 12-0465-K277 in the
368 th Judicial District Court of Williamson County, Texas. Appellant was
sentenced on July 23, 2014.
II.
Appellant plead guilty to counts 1-24 of Possession of Child
Pornography with no agreed plea recommendation. Appellant went to the
Court for punishment. The trial court assessed punishment at five (5) years
imprisonment for each count to run concurrent with cause number 14-0874-
K368. The date of sentencing was July 23, 2014.
III.
Appellant’s notice of appeal was filed on August 20, 2014. A motion
for new trial was filed on August 21, 2014. The reporter’s record was filed
on November 19, 2014. The clerk’s record was filed on September 8, 2014
and supplemental clerk’s records were filed on September 18, 2014,
November 21, 2014, November 24, 2014 and November 26, 2014. The due
date for the brief is Monday, March 30, 2015.
IV.
This is Appellant’s third motion for extension of time to file his
brief. Appellant respectfully requests a thirty day extension of time to file
the brief, which would make such brief due on Thursday, April 30, 2015.
V.
The undersigned attorney has been unable to complete the brief due to
lack of time. Counsel has completed his review of the record and the
research associated with several legal arguments that may be presented in his
case and is the process of drafting his brief. He has not been able to devote
sufficient time to complete the final draft of his brief however due to a
demanding workload that includes numerous cases and appeals in several
counties. Counsel is currently working on four felony appeals, two of which
are due within the next week, and one misdemeanor appeal that will possibly
require a hearing on a motion for new trial. Counsel’s active caseload
beyond appellant work includes approximately thirty-five cases in three
different counties. For this reason the undersigned attorney asks that this
extension be granted so that he may devote the additional time necessary to
effectively represent Appellant and so that justice may be done in this case.
Respectfully Submitted, /s/ Dal Ruggles DAL RUGGLES Attorney at Law 1103 Nueces St.
Austin, Texas 78701 Phone: (512) 477-7991 Facsimile: (512) 477-3580 SBN: 24041834 Email: dal@ruggleslaw.com ATTORNEY FOR APPELLANT *4 CERTIFICATE OF SERVICE
I, Dal Ruggles, hereby certify that a true and correct copy of the
foregoing Appellant’s Third Motion for Extension of Time to File Brief was
e-served to Mr. John C. Prezas of the Williamson County District Attorney's
Office on this the 30 th day of March, 2015.
/s/ Dal Ruggles DAL RUGGLES