Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/28/2015 3:51:18 PM JEFFREY D. KYLE Clerk NO. 03-14-00483-CR THIRD COURT OF APPEALS 1/28/2015 3:51:18 PM JEFFREY D. KYLE 03-14-00483-CR AUSTIN, TEXAS *1 ACCEPTED [3936630] CLERK IN THE COURT OF APPEALS FOR THE THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS Terry Lynn Stevens v.
The State of Texas APPELLANT’S FIRST UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE BRIEF OF APPELLANT TO THE HONORABLE COURT OF APPEALS:
Appellant, Terry Lynn Stevens, respectfully presents this first motion to
extend time to file his brief pursuant to T EX . R. A PP . P. 10.5(b) and 38.6(d). In
support of his motion, Appellant would show the Court as follows:
I.
Appellant’s brief is due January 28, 2015.
II.
Appellant requests additional time to complete the brief. This extension is
necessary because the following matters have prevented undersigned counsel from
completing the brief:
1. Undersigned counsel has been diligently working but has been unable,
despite his diligence and best efforts, to complete the brief by the
deadline.
2. Undersigned counsel is requesting the court to extend the deadline in
this case to April 28, 2015.
3. Undersigned counsel, a solo practitioner without staff, is appointed to
represent Appellant.
4. Undersigned counsel has numerous appointed trial and appellate cases
which have prevented him from working on the brief in this case.
These cases include the following: The State of Texas vs. Grant
Wayne Cole, Cause No. 41714, 424 th Judicial District of Burnet
County, Texas; The State of Texas vs. Chasity Hunt, Cause No. 41553,
424 th Judicial District of Burnet County, Texas; The State of Texas vs.
Jeffery B. Dollar, Cause No. 41727, 424 th Judicial District of Burnet
County, Texas; The State of Texas vs. Jeffery B. Dollar, Cause No.
41220, 424 th Judicial District of Burnet County, Texas; The State of
Texas vs. Jeffery B. Dollar, Cause No. 41715, 424 Judicial District of
Burnet County, Texas (counsel has resolved 10 felony and 3
misdemeanor cases in two counties for this defendant); The State of
Texas vs. John Martin Blades, Jr., Cause No. 1101, 33 Judicial
District of Blanco County, Texas; The State of Texas vs. Lillian A.
King, Cause No. 5730, 33 rd Judicial District of San Saba County
Texas (capital murder case); The State of Texas vs. Jarred R. Reyna,
Cause No. D1-DC-13-202990, 167 th Judicial District of Travis
County, Texas (retained felony); The State of Texas vs. Brandi
Haggerton, Cause No. 41290, 424 th Judicial District of Burnet
County, Texas; The State of Texas vs. Ron Michael Schlueter, Cause
No. CR-950, 33 rd Judicial District of Blanco County, Texas; The State
of Texas vs. Kristi Leonard, Cause No. 1109, 33 rd Judicial District of
Blanco County, Texas; State of Texas v. M.F , A Juvenile, Cause No.
JV-00098; In The 33 rd District Court of Blanco County Sitting As A
Juvenile Court; State of Texas v. Jordan Waits , Cause No. CR-01063;
In The 424 th District Court of Blanco County, Texas (defendant with
mental illness issues); State of Texas v. Timothy Blackard , Cause No.
42386; In The 424 th District Court of Burnet County, Texas (required
competency evaluation and hearing); State of Texas v. Timothy Simon ,
Cause No. 42908, In The 424 th District Court of Burnet County, Texas
(complex aggravated sexual assault cases with extensive
discovery/experts); State of Texas v. Keith Posey , Cause No. 6893, In
The 33 rd District Court of Llano County, Texas (retained felony
DWI); State of Texas v. Franklin Ray Greenwood, Jr. , Cause No.
40369, In The 33 District Court of Burnet County, Texas (Agg.
Assault w/Deadly Weapon/bail jumping—on jury track); State of
Texas v. Brian K. Wilson , Cause No. CR-6837, In The 424 District
Court of Llano County, Texas; Jane Allison Hilton , Cause No. CR-
01195, In The 424 th District Court of Blanco County, Texas; State of
Texas v. Evelyn Clark , Cause No. 43660, 33 rd District Court of Burnet
County, Texas; State of Texas v. Jason Moncovich , Un-Indicted, In
The 33 District Court of Burnet County, Texas; State of Texas v.
Harold Fisher , Un-Indicted, In The 424 District Court of Blanco
County, Texas (retained felony).
5. Additionally, undersigned counsel has recently completed, or is
currently working on, appellate briefs in the following appointed
criminal cases: Alexander Dolan Davis v. The State of Texas , Cause
No. 03-13-00460-CR, In The Third Court of Appeals—Austin;
Alexander Dolan Davis v. The State of Texas , Cause No. 03-13-
00459-CR, In The Third Court of Appeals—Austin; Charles Eugene
Herfurth v. The State of Texas , Cause No. 03-13-00402-CR, In The
Third Court of Appeals—Austin; Patrick Edward Davis v. The State
of Texas , Cause No. 03-13-00456-CR, In The Third Court of
Appeals—Austin; Cole Lockhart v. The State of Texas , Cause No. 13-
13-00607-CR, In The Thirteenth Court of Appeals—Corpus
Christi/Edinburg (brief filed July 13, 2014); Cole Canyon Lockhart v.
The State of Texas , Cause No. 13-13-00608-CR, In The Thirteenth
Court of Appeal—Corpus Christi/Edinburg (brief filed July 17, 2014;
Saul Salinas v. The State of Texas, Cause No. 03-12-00117-CR, In
The Third Court of Appeals—Austin (brief filed October 21, 2014);
City of Bertram v. Vicki Reinhardt , Cause No. 03-14-00296-CV, In
The Third Court of Appeals—Austin (retained civil whistleblower
case); Tommy Lane Waddell v. The State of Texas , Cause No. 13-13-
00611-CR, In The Thirteenth Court of Appeals—Corpus
Christi/Edinburg (brief filed 9/22/2014); Kevin Hardin v. State of
Texas , Cause No. 03-14-00236-CR, Court of Appeals—Austin (brief
filed January 5, 2015); Brian Taylor v. The State of Texas , Cause No.
03-14-00173-CR, In The Third Court of Appeals—Austin; Nicole
Holland v. The State of Texas , Cause No. 03-14-00577-CR, In The
Third Court of Appeals—Austin.
6. Additionally, undersigned counsel has had medical issues in the
month of January that have prevented him from working.
For these reasons, the undersigned will not be able to complete the
Appellant’s brief by its current due date and respectfully requests that the deadline
for Appellant’s brief be extended ninety days days (to April 28, 2015). This
extension is not sought only for delay, but so that justice can be done.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully
requests that the Court grant this motion for extension of time in which to file his
brief and that the Court grant such other and further relief to which Appellant may
show himself to be justly and equitably entitled.
Respectfully submitted, /s/ Tracy D. Cluck ___________________________ TRACY D. CLUCK Texas Bar No. 00787254 1450 West Hwy. 290, #855 Dripping Springs, Texas 78620 Telephone: (512) 264-999 E-Fax: (509) 355-1867 tracy@tracyclucklawyer.com ATTORNEY FOR APPELLANT TERRY LYNN STEVENS CERTIFICATE OF CONFERENCE I hereby certify that Counsel for Appellant has conferred by e-mail
with Gary Bunyard, Assistant District Attorney, who states that he is not opposed
to this motion. This motion is being presented for the court’s consideration.
/s/ Tracy D. Cluck TRACY D. CLUCK CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing document has
been served on the following counsel of record on January 28, 2015:
VIA E-MAIL AND E-SERVE:
Gary Bunyard
gary.bunyard@co.llano.tx.us
Assistant District Attorney
33 & 424 Judicial Districts
Attorney for Appellee
The State of Texas
/s/ Tracy D. Cluck TRACY D. CLUCK