Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/1/2015 11:16:12 AM JEFFREY D. KYLE Clerk No. 03-15-00240-CR THIRD COURT OF APPEALS 12/1/2015 11:16:12 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00240-CR *1 ACCEPTED [8029052] CLERK TRACY LARANCE GORDON * IN THE THIRD JUDICIAL DISTRICT
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VS. * COURT OF APPEALS
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THE STATE OF TEXAS * AUSTIN, TEXAS
APPELLANT'S MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Appellant in the above entitled and numbered cause and files
this Motion for Extension of Time to File this brief herein and, in support hereof,
would respectfully show the Court as follows:
I.
Appellant was convicted of the offense of Burglary of a Habitation (Habitual
Offender) in the 426th Judicial District Court of Bell County, Texas, in Cause No.
71,792 on March 19, 2015, his punishment was assessed on March 19, 2015, at Life
in the Texas Department of Criminal Justice, Institutional Division.
II.
A Motion for New Trial was not filed. Appellant filed his written Notice of
Appeal on March 4, 2015, and the undersigned attorney was appointed to represent
him on Appeal on March 31, 2015. The Statement of Facts was filed in this Court on
July 21, 2015, and Appellant's brief is due on November 30, 2015.
III.
This is Appellant's Third Motion for Extension of Time to file his brief herein.
IV.
The undersigned court-appointed attorney for Appellant will be unable to
complete his brief herein for filing by the due date because of his extensive trial and
appellate schedule. Counsel has a time consuming criminal practice in both felonies
and misdemeanors
Counsel has completed and filed two (2) in the past few weeks with this Court.
Counsel has this and two (2) other appeals pending at this time and due for filing
today. Counsel has been working on these Appellate diligently since the last time an
extension was requested.
While working on the Appellate matters, Counsel’s only computer ceased
working and had to be placed in a repair shop for an extended period of time.
Counsel was unable to do any work on the appellate matters during this extended
time.
Counsel is scheduled for eye surgery on December 9, 2015, and that may
interfere with my ability to work on this matter for a short period of time.
In addition, counsel has many court appearances, consultations with clients,
and other matters he deals with on a daily basis.
V.
Appellant herein requests an extension of thirty (30) days to file his brief
herein which is a reasonable and necessary delay.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that
this Motion be granted and that the Court order that his brief be filed herein on
December 30, 2015.
Respectfully Submitted, /S/ Troy C. Hurley_____ TROY C. HURLEY Attorney for Appellant P.O. Box 767 312 East Central Avenue Belton, TX 76513 (254) 939-9341 FAX (254) 939-2870 SBA No. 10312000 CERTIFICATE OF SERVICE
A true and correct copy of the above and foregoing motion was hand-delivered
to the District Attorney's Office of Bell County, Texas, in Belton, Texas, on this 30th
day of November, 2015.
/S/ Troy C. Hurley_____ Troy C. Hurley Attorney at Law *4 CERTIFICATE OF SERVICE UPON APPELLANT
I, the undersigned court-appointed counsel for Appellant on Appeal; hereby
certify that a true and correct copy of the above and foregoing Motion for Extension
of time to File Appellant's Brief has been served upon the Appellant by depositing
same, properly addressed to him:
TRACY LARANCE GORDON
TDCJ No. 01990081
Polunsky Unit
3872 FM 350 South
Livingston, Texas 77351
in the United States Mail on this the 30th day of November, 2015.
/S/ Troy C. Hurley_____ Troy C. Hurley Attorney at Law