Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 8/12/2015 2:57:04 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-15-00138-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 8/12/2015 2:57:04 PM CATHY LUSK CLERK NO. 12-15-00138-CR
ON APPEAL FROM THE 123 rd JUDICIAL DISTRICT COURT
SHELBY COUNTY, TEXAS
CAUSE NO. 2014-CR-19231 IN THE 12 TH COURT OF APPEALS
JUAN MERINO §
§
§ OF vs. §
§
STATE OF TEXAS § TYLER, TEXAS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Juan Merino, 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: This case is on appeal from the 123 rd District Court of Shelby County,
1.
Texas.
2. The case below was styled the STATE OF TEXAS vs. Juan Merino,
and numbered 2014-CR-19231. Appellant was convicted of Aggravated Sexual
Assault.
4. Appellant was assessed a sentence of Sixty (60) years in Texas
Department of Criminal Justice Institutional Division on April 16, 2015.
5. Notice of appeal was given on April 23, 2015. The clerk's record was filed on June 3, 2015 and a supplemental clerk’s
record was filed on June 29, 2015; the reporter's record was filed on July 14, 2015
and the reporter’s exhibits were filed on July 15, 2015. *2 The appellate brief was presently due on August 13, 2015.
8. Appellant requests an extension of time of thirty (30) days from the
current due date.
9. No extensions to file the brief have been received in this cause.
10. Defendant is currently incarcerated.
11. Appellant relies on the following facts as good cause for the requested
extension:
Counsel currently has ten separate briefs due in the 12 th Court of Appeals and
the 9 Court of Appeals, which include four due in to the this court in the month of
August. Due to the time required to review records of each appeal, counsel is
requesting an extension of thirty days.
WHEREFORE, PREMISES CONSIDERED , Appellant prays that this
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: ____________________ Attorney at Law 1007 Grant Lufkin, Texas 75901 Phone (936) 632-160 Fax: (936) 632-1640 tessabellus@yahoo.com SBOT # 16723000 Counsel for Appellant *3 CERTIFICATE OF CONFERENCE
Pursuant to Tex. R. App. 10.1 (5), certify that I, the undersigned conferred
with opposing counsel who is not opposed to an extension.
/s/John D. Reeves ___________________________ John D. Reeves CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing Appellant’s
Motion to Extend Time to file Appellant’s Brief on this 12 day of August, 2015
forwarded to State’s Attorney, Kenneth B. Florence, Shelby County, by electronic
service at shelbyda@sbcglobal.net.
__________________________ Attorney for Appellant, Juan Merino