Case Information

*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 6/11/2015 3:25:27 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-14-00345-cr TWELFTH COURT OF APPEALS TYLER, TEXAS 6/11/2015 3:25:27 PM CATHY LUSK CLERK NO. 12-14-00345-CR REBECCA LYNN BARKER § IN THE COURT OF APPEALS

Appellant §

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V. § 12th COURT OF APPEALS

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THE STATE OF TEXAS §

Appellee § TYLER, TEXAS

APPELLANT'S REQUEST FOR EXTENSION TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS:

NOW COMES Appellant before this Court, and Defendant in the Trial Court

in Cause Number before the 2 nd Judicial District Court, Cherokee County, Texas,

and files this his Motion for Extension to File Brief, pursuant to Rules 10.5(b) and

38.6 (d) of the Texas Rules of Appellate Procedure, and for same would show unto

the Court as follows, to-wit:

I.

Second Motion:

This is Appellant second motion for extension of the deadline for the filing of

Appellant’s Brief.

II.

Extended Brief Deadline:

Appellant’s Brief along with a Request for Extension was due to be filed on or

before June 8, 2015 ; or in the alternative, a Request for Extension was to be filed on

or before that date to avoid referral to the Trial Court for a hearing.

III.

General Grounds for Extension:

Counsel would show that he is in a solo practice without staff and handles civil

and criminal litigation and appeals and actively practices in three primary counties:

Wood, Smith and Cherokee.

IV.

Specific Grounds for Extension:

During the briefing period, following the receipt of the Clerk’s Record and

Reporter’s Record,, Counsel was called upon to prepare for jury selection and trial in

the following cases, to-wit:

State of Texas v. Justin Ray, Cause No.:19183, 2 nd Judicial District Court,

Cherokee County, Texas (Agg. Assault w/ Deadly Weapon ) (Docketed 04-20-15);

State of Texas v. Ricky Franklin, Cause No. 19088, 2 nd Judicial District Court,

Cherokee County, Texas (PCS) (Docketed 04-20-15);

State of Texas v. Jason Morris, Cause No.: 19182, 2 nd Judicial District

Cherokee Smith County, Texas (Agg. Robbery) (Docketed 05-11-15 );

State of Texas v. Nikki Hoffman, Cause No.: 19411 2 nd Judicial District

Court, Cherokee County, Texas ((PCS) (Docketed 05-18-15);

State of Texas v. Justin Jones, Cause No.: 241-0210-15, 241 st Judicial District

Court, Smith County, Texas (Felon in Possession/Enhanced) (Docketed 06-01-15);

and

Jose Sanchez v. State of Texas, Cause No.: 12-14-00345-CR, 12 th Court of

Appeals, Tyler, Texas (Sexual Assault) (Extended Brief Deadline 06-08-15).

V.

Insufficient Time to Complete Brief:

Counsel would show that based upon the above and forgoing, that he has had

insufficient time within which to complete the Brief.

VI.

Requested Relief:

Counsel requests that the deadline for filing Appellant’s Brief be extended to

June 12, 2015 . The subject request for extension is not sought for delay, but only

that justice may be done.

VII.

Conference:

Counsel would show that he conferred with opposing counsel and this Request

is presented as UNOPPOSED.

VIII.

Word Count Certificate:

Counsel certifies that WORD format character count is 559.

_______________________________ STEN M. LANGSJOEN WHEREFORE, PREMISES CONSIDERED, Counsel requests that this

Request be filed among the papers in this matter and thereafter be granted.

_______________________________ STEN M. LANGSJOEN *4 Respectfully submitted, _______________________________ STEN M. LANGSJOEN Attorney for Appellant P.O. Box 539 Tyler, Texas 75710 Telephone: (903) 531-0171 Telefax: (903) 531-0187 TBA # 11922800 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing was delivered by certified

mail, return receipt requested, and/or by "fax" transmission and/or by hand-delivery

to District Attorney, Cherokee County, Texas, on this 6 th day of June, 2015.

____________________________ STEN M. LANGSJOEN