Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 3/6/2015 4:15:20 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-14-00342-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 3/6/2015 4:15:20 PM CATHY LUSK CLERK NO. t2-14-00342-CR
STATE OF TEXAS S IN THE $ $ 12th couRT
vs. $
VERA L. CLERKLEY $ OF APPEALS
MOTIOI{ TO EXTEND TIME TO FILE APPELLANTIS BRIEF
TOTHEHONORABLEJUSTICESOFSAIDCOURT:
Now comes Vera L. Clerkley, Appellant in above styled and numbered
cause, and moves court to grant an extension of time to file appellant's brief,
pursuant Rule 38.6 of Texas Rules of Appellate Procedure, good
cause shows following:
1. This case on appeal from the 3rd Judicial District Court of
Anderson CountY, Texas.
2. The case below was styled STATE OF TEXAS vs' Vera L'
Clerkley, numbered 31399.
3.AppellantwasconvictedofTheftofProperty>:1500<2K.
4. Appellant was assessed a sentence one yeas on october 20,2014'
5. Notice of appeal was given on October 22'2014'
6. The clerk,s record was filed December 15, 2014; reporter's
record was filed on January 20,2015'
7. The appellate brief is presently due on February 19,2015.
8. Appellant requests an extension of time of 15 days from the present
date, i.e. March 6,2015.
g. No extension to file the brief has been received in this cause.
10. Defendant is currently incarcerated'
[1] 1. Appellant relies following facts as good cause for the requested
extension:
On February 18, 2015 court entered a Per Curiam Order On Abatement And Remand. In that order trial court was given 30 days to
supplement record regarding trial court's certification as to Appellant's
right to appeal. A hearing on that issue set for March 16,2015' Undersigned
counsel evidently misunderstood that order Abatement as it applied the
briefing deadline.
WHEREFORE, PREMISES CONSIDERED, Appellant prays this
Court grarrtthis Motion To Extend Time to File Appellant's Brief, such
other further relief as Court may deem appropriate.
RespectfullY submitted, Wm. M. House.Jr., AttorneY atLaw 800 North Church Palestine, Texas 75801 Tel: (903) 723-2077 Fax: (903) 723-6323 *3 in. M. House, Jr.
State Bar No. 10045000 wmmhous ej r@embarqmail. com Attorney for Vera L. ClerkleY CERTIFICATE OF SERVICE This certiff on March 6,2015, a true correct copy above
and foregoing document was served District Attorney's Office, Anderson
County, Texas, by personal delivery.
STATE OF TEXAS $
$
COUNTY OF ANDERSON $
AFFIDAVIT BEFORE ME, undersigned authority, on day personally appeared
Wm. M. House, Jr., who after being duly sworn stated:
"I am attorney appellant in above numbered and
entitled cause. I have read the foregoing Motion To Extend Time to
File Appellant's Brief swear all of allegations fact
contained therein are true correct."
Wm. M. House, Jr Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on
2Ol5,to certify which witness my hand CAR0LYN NEWGEi\rr
MY COMMISSION EXprF,i:.j
February 11,2017