Case Information

*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 7/6/2015 2:22:49 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-14-00309-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 7/6/2015 2:22:49 PM CATHY LUSK CAUSE NO. 12-14-00309-CR CLERK

JOLLY DEE NEELY § IN THE

§

VS. § TWELFTH COURT

§

THE STATE OF TEXAS § OF APPEALS

MOTION TO

EXTEND TIME TO FILE APPELLANT’S PRO SE BRIEF TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes 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:

1. This case is on appeal from the 7th Judicial District Court of Smith County,

Texas.

2. The case below was styled State of Texas v. Jolly Dee Neely and numbered

007-0479-14.

3. Appellant was convicted of Assault with a Deadly Weapon.

4. Appellant was assessed a sentence of sixty (6) years confinement in the Texas

Department of Criminal Justice-Institutional Division.

5. Notice of Appeal was given on October 27, 2014.

6. The Clerk's Record was filed on December 9, 2014 and supplemented on

December 9, 2014; the Reporter's Record was filed on December 4, 2014.

7. The Appellant’s Brief was filed on April 10, 2015. Appellant’s Pro Se Brief was

due on July 1, 2015. Appellant requests the Court an extension of thirty (30)

days.

8. Appellant requests an extension of time due to the following facts and

circumstances. Appellant is representing himself in this matter. The trial court

bench warranted the Appellant from the Byrd Unit to review the Clerk’s Record

and Reporter’s Record. Due to the length of the records made available by the

trial court, Appellant needs additional time to prepare his pro se brief. The trial

court has released the bench warrant and the Appellant could be released back

to the Byrd Unit at anytime. The Appellant’s personal documents, research and

and paperwork are currently the Byrd Unit and unavailable to him while in

Smith County Jail. Appellant needs time once returned to his unit to continue

his efforts in the preparation of his pro se brief. Appellant is requesting that the

Court grant him an additional thirty (30) days to prepare his brief.

9. Appellant requests an extension of time due to the above referenced facts and

circumstances.

10. Appellant prays that this Court grant this Motion to Extend Time to File

Appellant’s Brief for a period of thirty (30) days, and for such other and further

relief as the Court may deem appropriate.

Respectfully submitted, Law Office of James W. Huggler, Jr. 100 E. Ferguson, Suite 805 Tyler, Texas 75702 Tel: (903) 593-2400 Fax: (903) 593-3830 By: /S/ James W. Huggler, Jr. James W. Huggler, Jr. State Bar No. 00795437 Attorney for APPELLANT CERTIFICATE OF SERVICE

This is to certify that on July 6, 2015, a true and correct copy of the above and

foregoing document was served on Michael West, Smith County District Attorney's

Office, 100 North Broadway, Tyler, Texas 75702, by regular mail, fax, hand delivery,

or electronic filing.

/S/ James W. Huggler, Jr.

James W. Huggler, Jr.