Case Information
*0 FILED IN 11th COURT OF APPEALS EASTLAND, TEXAS 06/15/17 11:32:44 AM SHERRY WILLIAMSON Clerk *1 ACCEPTED 11-17-00157-CR ELEVENTH COURT OF APPEALS EASTLAND, TEXAS 6/15/2017 11:32:44 AM SHERRY WILLIAMSON CLERK No. 11-17-0157-CR IN THE COURT OF APPEALS FOR THE ELEVENTH DISTRICT OF TEXAS LOUIS DEWAYNE FELKINS Appellant, v.
Appellee. ON APPEAL FROM THE COUNTY COURT OF LAW #2 OF ECTOR COUNTY, TEXAS CAUSE NO. 16-2113-CCL2 APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL D. Bret Mansur
State Bar Number 24086381
2817 J.B.S. Parkway, Suite E-5
Odessa, Texas 79762
Telephone: (432) 530-4765
Email: bretmansur@gmail.com
Attorney on Appeal for Appellant *2 NO. 11-17-00157-CR IN THE § § vs. ELEVENTH COURT §
§ OF APPEALS LOUIS DEWAYNE FELKINS §
MOTION TO EXTEND TIME TO FILE APPELLANT'S NOTICE OF APPEAL TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Louis Dewayne Felkins, Appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time to file
appellant's notice of appeal, pursuant to Rule 26.3 of the Texas Rules of Appellate
Procedure, and for good cause shows the following:
1. Appellant seeks to appeal from a jury verdict in the County Court at
Law #2 of Ector County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Louis
Dewayne Felkins, and numbered 16-2113-CCL2.
4. Appellant was convicted by a jury on May 2, 201 7 and judgment was *3 entered by the Honorable Scott Layh on May 2, 2017. Appellant was assessed a
sentence of one (1) year on May 2, 2017.
5. Deadline for Appellant's notice of appeal was June 1, 2017.
5. Notice of appeal was given on June 14, 2017.
6. At the conclusion of the jury trial on May 2, 2017, Appellant was
sentenced in accordance with the jury's verdict and remanded to the custody of the
Sheriff of Ector County, Texas, for execution of the sentence.
7. The Trial Court, Honorable Judge Scott Layh, did not provide
Appellant with notice of his appellate rights, or provide notice to Appellant of the
deadline for filing a notice of appeal.
8. Appellant's court-appointed trial counsel, Richard Abalos, also failed
to discuss Appellant's appellate rights or the deadline for filing a notice of appeal.
9. Appellant was denied access to the law library at the Ector County Law
Enforcement Center six times over the course of 30 days after Appellant's
incarceration in order that Appellant could research his appellate rights and notice
deadlines on his own accord.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court grant this Motion to Extend Time to File Appellant's Notice of Appeal, and
for such other and further relief as the Court may deem appropriate. *4 Respectfully submitted, Bret Mansur 2817 JBS Parkway, Suite E-5 Odessa, Texas 79762 Tel: (432) 530-4765 Fax: ( 432) 362-2456 By:M~
Bret Mansur State Bar No. 24086381 bretmansur@gmail.com Attorney for Louis Dewayne Felkins CERTIFICATE OF SERVICE This is to certify that on June 15, 2017, a true and correct copy of the above
and foregoing document was served on the County Attorney's Office, Ector
County, Odessa, Texas, by fax to (432) 498-4154. § § COUNTY OF ECTOR §
AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared
Bret Mansur, 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 Motion to Extend Time to
File Appellant's Notice of Appeal and swear that all of the allegations
of fact contained therein are true and correct."
Affiant SUBSCRIBED AND SWORN TO BEFORE ME on June 15, 2017, to
certify which witness my hand and seal of office.
Notary Public. State of Texas [ : l_,o'._~-·--··,;q _.,,. -,,,-::;·oi·;,+,/ ,,,~~~ttt~,,, ' 1111u11''" - . ~ My commission Expires .U GERALDVN FOX July 14, [19] of 6 *6 CERTIFICATE OF COMPLIANCE I certify that the foregoing Motion consists of 6312 words and is typed in 14-
point Times New Roman Font.
Attorney for Appellant Louis Dewayne Felkins