Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 3/30/2015 3:51:53 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-15-00081-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 3/30/2015 3:51:53 PM CATHY LUSK CLERK
CAUSE NO.
JOSHUA PAUL CALHOUN § IN THE 12th DISTRICT
§
v. § COURT OF APPEALS
§ § TYLER, TEXAS
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL
Appellant JOSHUA PAUL CALHOUN, through counsel of record, files this Motion for
Extension of Time to File Notice of Appea( pursuant to Tex. R. App. P. 26.3 and would
respectfully show:
Appellant is appealing from a Final Judgment signed by the 173rd Judicial District Court
of Henderson County, Texas on February 12, 2015 in the case styled State of Texas v. Joshua
Paul Calhoun, Cause No. A-21,464. The deadline to file the Notice of Appeal was Saturday,
March 14,2015 or Monday, March 16,2015. The notice of appeal is being filed in the trial court
on Monday, March 30, 2015. Appellant seeks an extension of time until Monday, March 30,
2015 to file the Notice of Appeal.
This extension of time is necessary because counsel appointed stand-by counsel for
Defendant, and then re-appointed counsel of record for Defendant on February 12, 2015.
Counsel of record held a good-faith belief that he was only counsel of record for Appellant's ·
remaining felony indictments, Cause No. A-21,465, A-21,466, and A-21,467, State of Texas v.
Joshua Paul Calhoun and was no longer counsel of record for Defendant for Cause No. A
21,464. This extension of time is not sought for purposes of delay, but so that justice may be
done.
For these reasons, Appellant respectfully requests that the Court grant this Motion and
Extend the deadline to file the Notice of Appeal until Monday, March 30, 2015. Appellant also
requests all other relief to which Appellant is justly entitled.
Respectfully submitted,
Law Office of Samuel M. Smith
219 N. Palestine St.
Athens, TX 75751
Tel: (903) 675-5005
Fax: (903) 675-5007
Email: ssmith@samuelsmithlaw.com
By: Jauu~~ ~- ~
SAMUEL M. SMITH
State Bar No. 24044042
Attorney for Joshua Paul Calhoun
VERIFICATION §
§
COUNTY OF HENDERSON §
BEFORE ME, the undersigned notary public, on this day personally appeared SAMUEL
M. SMITH, who, being duly sworn, stated that he has read this Motion and that the statements
therein are within his personal knowledge and are true and correct.
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SAMUEL M. SMITH
'ZtY/.,/
SWORN AND SUBSCRIBED BEFORE ME; ~n thiS'iL"_)'L_'_ day of March, 2015. U rJ~~,j1t.-
,.... CALI L JOHNSON Notary Public, Sate 0 Texas ,,·.. ~I/k'llil .• ,<t~/", i",~iJ,' • ef/ .. ~~ Notary Public. State of Texas ltlJLl Xl ;)0) It \~" ":~f My Commission Expires June 20. 2016 My Comm. Expires: ~li,~,'o;'i,~~'''' llItt\
CERTIFICATE OF CONFERENCE
I certify that I conferred with counsel for Appellee regarding this Motion and that
Appellee is unopposed to this Motion.
_~~ __ IIw .~
SAMUEL M. SMITH
CERTIFICATE OF SERVICE
This is to certify that on March 30, 2014 a true and correct copy of the above and
foregoing document was served on the District Attorney's Office, Henderson County, Texa~, by
hand delivery.
~ ~- JJJiiiJI..-------
SAMUEL M. SMITH