Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/10/2015 9:06:25 AM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 11/10/2015 9:06:25 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00075-CR *1 ACCEPTED ^[7756238] CLERK NO. 03-15-00075-CR JOHN LYNN KOLSTER § INTHE

§ vs. § 3rd COURT

§ STATE OF TEXAS § OF APPEALS, Austin, Texas

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes JOHN LYNN KOLSTER 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 (d) of the Texas Rules of Appellate

Procedure, and for good cause shows

the following:

1. On November 10, 2015 this counsel filed Appellant's Motion

to Extend Time to File Appellant's Brief.

2. This case is on appeal from the 391stTHst District Court of Tom

Green County Texas.

3. The case below was styled In the State vs. John Lynn Kolster

and numbered D-140523-SB Appellant was convicted on November

21, 2014 of Assault Family Violence with Prior convictions enhanced

to a second degree felony and Appellant was sentenced to 7 years in

the institutional division of the Texas Department of Criminal Justice

5. A motion for new trial was filed on November 20, 2014.

Notice of appeal was given on December 18, 20 14.

6. The clerk's record was filed on April 29, 2015; the reporter's

record was filed on February 17, 2015 and October 13, 2015.

8. Counsel is Appointed in this matter. Counsel has been awaiting the

appeal to be reinstated following the case being remanded to the trial

court due to a calendaring error by counsel. On October 15, 2015 this

court reinstated the Appeal. Counsel anticipates filing the brief on or

before November 16, 2015

9. Counsel therefore requests this court extend the time for filing

said Brief to 63 days from the current due date ofSepemberl4, 2015.

10. one previous Extension one granted regarding this matter.

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, Nathan Butler Attorney at law 123 S. Washington San Angelo, Texas 76901 *3 Tel: (325) 653-2373 Fax: (325) 482-8064 By:/s/ Nathan Butler Nathan Butler State Bar No. 24006935 Attorney for Appellant CERTIFICATE OF SERVICE This is to certify that on November 10, 2015, a true and correct copy of the

above and foregoing document was served on the following by united states mail.

District Attorney

[119] TH District Court Tom Green County

124 W. Beauregard

San Angelo, Texas 76903

Is/Nathan Butler Nathan Butler *4 STATE OF TEXAS §

§ COUNTY OF Tom Green §

AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared

Nathan Butler, who after being duly sworn stated:

"I am the attorney for the appellant in the above numbered and

entitled cause. I have read the foregoing Appellant's Motion To

Extend Time to File Appellant's Brief and swear that all of the

allegations of fact contained therein are true and correct."

Nathan Butler Affiant SUBSCRIBED AND SWORN TO BEFORE ME on November 10,

2015, to certify which witness my hand and seal of office. Notary Public, State of Texas