Case Information

*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 10/29/2015 3:07:44 PM PAM ESTES Clerk *1 ACCEPTED 12-15-00166-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 10/29/2015 3:07:44 PM Pam Estes CLERK NO. 12-15-00166-CR ON APPEAL FROM THE 217 th JUDICIAL DISTRICT COURT

ANGELINA COUNTY, TEXAS

CAUSE NO. 2014-0496 IN THE 12 TH COURT OF APPEALS SAMUEL LANCASTER IV §

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§ OF vs. §

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STATE OF TEXAS § TYLER, TEXAS

THIRD MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Samuel Lancaster IV, 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: This case is on appeal from the 217 District Court of Angelina

1.

County, Texas. The case below was styled the STATE OF TEXAS vs. Samuel

Lancaster IV, and numbered 2014-0496. Appellant was convicted of Evading Arrest

in Count I and Possession of Marijuana in Count II.

4. Appellant was assessed a sentence of Eight (8) years in Texas

Department of Criminal Justice Institutional Division in Count One and Two (2)

years in Texas Department of Criminal Justice Institutional Division in Count Two

on May 15, 2015.

5. Notice of appeal was given on June 10, 2015. The clerk's record was filed on July 28, 2015 and a supplemental

clerk’s record was filed on August 6, 2015; the reporter's record was filed on July

15, 2015. The appellate brief was presently due on October 28, 2015.

8. Appellant requests an extension of time of twenty (20) days from the

current due date. Two extensions to file the brief has been received in this cause.

10. Defendant is currently incarcerated.

11. Appellant relies on the following facts as good cause for the requested

extension:

Upon final review of the Clerk’s Record, Counsel has determined that the

record does not contain a Trial Court Certification of Defendant’s Right of Appeal.

Counsel has moved to correct this issue and request additional time in order to

obtain the certification and have the record supplemented. .

WHEREFORE, PREMISES CONSIDERED , Appellant prays that this

Court grant this Motion to Extend Time to File Appellant's Brief, and for such other

and further relief as the Court may deem appropriate.

Respectfully submitted: ____________________ Attorney at Law 1007 Grant Lufkin, Texas 75901 Phone (936) 632-160 Fax: (936) 632-1640 tessabellus@yahoo.com SBOT # 16723000 Counsel for Appellant *3 CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. 10.1 (5), certify that I, the undersigned conferred

with opposing counsel who is not opposed to an extension.

/s/John D. Reeves ___________________________ John D. Reeves CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Appellant’s

Motion to Extend Time to file Appellant’s Brief on this 29 day of October, 2015

forwarded to State’s Attorney, April Ayers-Perez, Angelina County, by electronic

service at aperez@angelinacounty.net.

__________________________ Attorney for Appellant, Samuel Lancaster IV