Case Information

*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 6/17/2015 2:40:43 PM LISA MATZ Clerk *1 ACCEPTED 05-14-01065-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 6/17/2015 2:40:43 PM LISA MATZ CLERK

CAUSE NO. 05-14-01065-CR

ARTHUR FRANKLIN MILLER, JR. § IN THE COURT OF APPEALS

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vs. § FOR THE FIFITH DISTRICT

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THE STATE OF TEXAS § OF TEXAS AT DALLAS

APPELLANT’S MOTION FOR PERMISSION TO ELECTRONICALLY FILE A

MOTION FOR REHEARING 1 DAY AFTER THE DEADLINE

TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW, Counsel for the Appellant, and files this Motion and Certification for

Court to allow Appellant to electronically file a Motion for Rehearing one (1) day after the filing

deadline, and would show in support thereof, the following:

I.

Pursuant to the Tex. R. App. P. 4.1 (b), undersigned counsel certifies that the clerk’s

office was not closed or inaccessible to the public during regular hours but counsel was unable to

successfully file after several attempts by electronic means because of either an in counsel’s

office “computer glitch” or possibly internet interruptions because of the recent building power

outages caused by the recent severe weather.

II.

In an attempt to comply with Tex. R. App. P. 49.1, a manual filing “the old fashioned

way” by regular U.S. Mail was postmarked and completed on June 16, 2015.

Motion for Permission to Electronically File Motion for Page 1 of 2

Rehearing 1 Day After Deadline – Arthur Franklin Miller, Jr.

WHEREFORE, PREMISES CONSIDERED , for these reasons, the Appellant

asks this Court to allow Appellant to electronically file the Motion for Rehearing one (1) day

after the deadline.

Respectfully Submitted,

/s/ Jay Ethington______________ Jay Ethington

SBN: 06692500

3131 McKinney Avenue

Suite 800

Dallas, Texas 75204

Tel: (214) 740-9955

Fax: (214) 740-9912

jay@jayethington.com

ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

This is to certify that on the 17 TH day of June, 2015, a true and correct copy of the above

and foregoing Motion was served on the attorney for the State of Texas, Amy Sue Melo Murphy,

Assistant District Attorney, Collin County District Attorney’s Office.

/s/ Jay Ethington

Jay Ethington

Motion for Permission to Electronically File Motion for Page 2 of 2

Rehearing 1 Day After Deadline – Arthur Franklin Miller, Jr.