Case Information

*0 FILED IN 9th COURT OF APPEALS BEAUMONT, TEXAS 12/13/2017 2:08:05 PM CAROL ANNE HARLEY Clerk *1 ACCEPTED 09-17-00144-CR NINTH COURT OF APPEALS BEAUMONT, TEXAS 12/13/2017 2:08 PM CAROL ANNE HARLEY CLERK NO:09-17-00144-CR

TRIAL COURT CASE NO(s) 23828 COURT OF APPEALS

NINTH DISTRICT

BEAUMONT, TEXAS

CHADWICK SMITH § APPEAL FROM THE 356 DISTRICT TH

§ COURT § vs. § OF

§ THE STATE OF TEXAS, APPELLEE § HARDIN COUNTY, TEXAS

MOTION TO EXTEND THE TIME

FOR FILING APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW the Appellant and moves the Court for an extension of time to file a

Appellant’s brief in the cause, and in support thereof would show the Court as follows:

I. th

On March 30 , 2017, the Appellant plead Guilty, to the offense of Possession of a

Controlled Substance PG 1 Four Grams or More, but less than 200 Grams. On March 30 , 2017 th

Defendant was sentenced and received Eleven (11) years in the Institutional Division of The Texas

Department of Criminal Justice, under the Cause No. 23828; THE STATE OF TEXAS VS. TH

CHADWICK SMITH; IN THE 356 DISTRICT COURT OF HARDIN COUNTY, TEXAS.

II.

The Appellant timely filed his Notice of Appeal and the Transcript and Statement of Facts

were timely filed herein, and the Appellant’s Brief was due to be filed herein on December 13 ,

2017. III.

Appellant respectfully requests that this Honorable Court grant an additional extension of

approximately thirty (30) days or until January 12 , 2018, in filing Appellant’s Brief th

IV.

The such extension is necessary for the following reasons:

1. Counsel makes this request for extension because he has been scheduled in multiple

counties on the felony trial dockets in Jefferson, Hardin, Liberty, Newton, and Tyler Counties, for

announcement, pretrial and trial dockets. Counsel has been heavily scheduled on the Hardin County th th

Dockets, in both the 356 and 88 Judicial District Courts. Counsel sincerely apologizes to this

honorable court for filing an additional extension and wishes to remain in good standing with this

Honorable Court, but he prays that the court will grant this second extension to allow the needed

time to finalize and file Appellant’s Brief to ensure accuracy and eliminate the possibility of error.

2. As well, counsel respectfully informs the court he has been working on several other

briefs, (in the Ninth Court of Appeals), writs and petitions for discretionary review, during this time

of which have required more than the usual amount of time in research and reviewing case law.

3. Counsel informs the court this extension is not sought for delay, but that justice may

be done.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests and prays

that this Honorable Court extend the time for the filing of Appellant’s Brief herein approximately

on January 12 , 2018.

Respectfully submitted, /s/ Bryan S. Laine Bryan S. Laine TBN. #24011488 1045 S. Redwood Kountze, Texas 77625 Tel: (409) 246-4008 Fax: (409) 246-3645 bryanlaine@gt.rr.com *3 CERTIFICATE OF SERVICE

I hereby certify that true and correct copy of the foregoing document has been forwarded

to all opposing counsel and parties on this the 13 day of December 2017. By:/s/ Bryan S.Laine /s/Bryan S. Laine State Bar No. 24011488 *4 NO:09-17-00144 CR

TRIAL COURT CASE NO(s) 23828 COURT OF APPEALS

NINTH DISTRICT

BEAUMONT, TEXAS Th

CHADWICK SMITH § APPEAL FROM THE 356 DISTRICT § COURT § vs. § OF

§ THE STATE OF TEXAS, APPELLEE § HARDIN COUNTY, TEXAS

O R D E R On________________________, 2017, came on to be considered CHADWICK

SMITH’S Appellant’S Motion to Extend the Time For Filing Appellant’s Brief

and said motion is hereby:

(Granted) (Denied)

JUDGE PRESIDING