Case Information

*0 FILED IN 9th COURT OF APPEALS BEAUMONT, TEXAS 12/11/2017 2:01:15 PM CAROL ANNE HARLEY Clerk *1 ACCEPTED 09-17-00399-CR NINTH COURT OF APPEALS BEAUMONT, TEXAS 12/11/2017 2:01 PM CAROL ANNE HARLEY CLERK No. 09-17-00399-CR

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IN THE COURT OF APPEALS 9th DISTRICT OF TEXAS BEAUMONT, TEXAS ——————————————————————————————

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S INITIAL

BRIEF RICKY RAY MARTINEZ APPELLANT VS.

THE STATE OF TEXAS APPELLEE Appealed from the 258 th Judicial District Court of Polk County, Texas BOBBY L PHILLIPS State Bar No: 24088223 419 N Washington Ave. Livingston, Texas 77351 Telephone No.: (936) 327-5619 Facsimile No.: (936) 327-5610 *2 MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S INITIAL BRIEF ___________________________________________________________

TO THE HONORABLE COURT OF APPEALS:

Appellant, under Texas Rules of Appellate Procedure, 38.6(b), respectfully

requests the Court to extend the time to file Appellant’s Initial Brief and would

show the following:

1. Ricky Ray Martinez is the Appellant. The State of Texas is the

Appellee.

2. Appellant’s Initial Brief in this matter is due December 29, 2017.

3. Bobby L Phillips was appointed to represent Appellant in his appeal.

4. Since the date of appointment, counsel for Appellant has had a busy

trial schedule and preparation of numerous other briefs. As a result,

counsel was unable to allot the necessary time to adequately prepare

Appellant’s Initial Brief.

5. Therefore, Appellant requests this Honorable Court to grant Appellant

a thirty (30) day extension of time for the filing of Appellant’s Initial

Brief due to the voluminous record and the number of appeals briefs

due during the following two to three months.

6. Appellant’s counsel communicated with Carolyn Sckerl “CM” Allen

with the Polk County District Attorney’s Office on December 11,

2017 and she stated that she had no objection to Appellant’s Motion

for Extension of Time.

7. This is Appellant’s first request for an extension of time to file

Appellant’s Initial Brief in this matter, making this the first request

that has been made by Appellant.

8. Appellant requests this extension of time not for the purpose of delay,

but so that justice can be done and the matter properly presented to

this Honorable Court.

Respectfully submitted, /s/ Bobby L Phillips BOBBY L. PHILLIPS State Bar No: 24088223 419 N Washington Ave. Livingston, Texas 77351 Telephone No.: (936) 327-5619 Facsimile No.: (936) 327-5610 Attorney for Appellant *4 CERTIFICATE OF CONFERENCE & CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been sent to

the Polk County District Attorney’s office on this the 11 th day of December, 2017

via fax electronic mail.

/s/ Bobby L Phillips Bobby L Phillips