Case Information
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05-14-00214-CR
ANTHONYT. SMITH
V
STATE OF TEXAS
$
IN THE FIFTHDISIERIOPPEALS
DALLAS, TEXAS DALLAS, TEXAS
MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S MOTION FOR REHEARING
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Comes now, Anthony T. SMITH, appellant, and files this motion for an extension of days in which to file his Appellate Motion for Rehearing. In support of this motion, Appellant would show the court the following: I.
Appellant entered a plea of not guilty to one charge of aggravated assault/ deadly weapon. A jury trial was held, the jury found him guilty. The court assessed punishment at io years confinement.
Timely appeal was made, and a motion for new trial was filed but no hearing was held.
This court filed an opinion on June 22, 2015. II.
The submission date for Appellant's Motion for Rehearing was August 10, 2015. III.
This Motion is within the 15 day extension of Rule 49.8 . IV.
Appellant requests an extension of days. IV.
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Appellant has filed one previous request for extension of time. V.
Appellant's Motion is based upon the following facts: Appellant's counsel's computer hard drive crashed prior to the August ioth deadline for this submission and data on this appeal was unrecoverable for a period of more than two weeks.
VI.
WHEREFORE, petitioner prays the court grant this motion and extend the deadline for filing Appellant's Motion for Rehearing to August 26th, 2015.
Respectfully submitted,
William R. Barr Attorney at Law P.O.Box 595153
Dallas, Texas 75359-5153 (214) 417-496I
Bar Card No. o1802800
CERTIFICATE OF SERVICE
I hereby certify to the Court that a true copy of the above MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S MOTION FOR REHEARING was served on the District Attorney of Dallas County by email service on this 25th day of August, 2015.
William R. Barr