LexisNexis(R) Forms FORM 712-90.104.1 Litigation ; Motion for an Extension of Time Texas

90.104.1 Motion for Extension of Time to File Notice of Appeal NO.

^&yfa/> VOVOtlh[name]. IN THE COURT Appellant OF APPEALS OF THE THE STATE OF TEXAS SUPREME JUDICIAL FILiJNftWHSURT 01 12tJ» Court nf Apr"-"'^ Hfs^rct

MOTION FOR EXTENSION OF TIME TYLER TEXAS.

TO FILE NOTICE OF APPEAL CATHY S. LUSK, C TO THE HONORABLE JUSTICES OF THE~\a^<l\\A/n SUPREME DISTRICT COURT OF APPEALS: Comes now\^nro A IpQ iO^rj> [name]. appellant, and files this motion for an extension of time in which to file notice of appeal. In support of this motion, appellant shows the court the following:

The appellant was convicted in the T^ I \)>^r)C\ Court of S/v> \4v>> County, Texas, the Honorable ~C\\acKcjI xLi^^A presiding, on ^-5^/MAfrf V^ ai ao»5 [date], of the offense of Dn/j^a( oA 5V>5*^ Ig^ fspecify <#?««] in Cause No.OO~)'-'Wi?> - I'A styled State of Texas v. CWa ry \^>OtO^-r3 [name]. The 3^A^.f [judge or .jury] assessed^ against appellant a punishment of c* d \\<C°y Sc^v-jgy^ ^ \^i \.$)/( -^ [specify!.

II.

The trial court C\o^i 6-1 [specijy_act which triggered running of time to give notice of appeal, e.g., imposed sentence^ on Tjb vn ^ (a r \-j , IJ iy -JOl^T [date]] and_DO k.g., no motion for new trial was filed or motion for new trial was filed by appellant on TyD \ , A ) 20)£T [date]].

III.

The time for filing notice of appeal in this cause expired on \ f \>)f L~v\ LexisNexis(R) Forms FORM 712-90.104.1

a^ 2o^ [date]. Within 15 days of this date, on , [date, the appellant filed notice of appeal with the clerk of the court below. A copy of this notice of appeal accompanies this motion.

IV.

Appellant's request for an extension of time in which to file this notice of appeal is based upon the following facts: [setforthfacts showing good cause why timely notice of appeal was notfiled, e.g., Appellant was represented by court-appointed counsel both during the trial ofCause No. OP"") —)^>^\^> ~lC\ and at the attendant sentencing proceeding.

Appellant advised counsel at the sentencing proceeding that he desired to appeal the conviction and counsel advised him that notice of appeal would be given. However, it was not until appellant's current counsel contacted the court regarding the status of the appeal that it was discovered notice of appeal had not been provided. Immediately upon discovering this, appellant filed the notice of appeal which accompanies this motion].

V.

An affidavit of the appellant accompanies this motion, supporting the above-described facts, and attests to the fact that appellant attempted to give timely notice of appeal.

WHEREFORE, appellant prays the court grant this motion and extend the time for filing notice of appeal to \\r\ ) gt V 2Q\£T [date].

Respectfully submitted, [signature] . [typed name] [address] [telephone] ___ [state bar identification no.] Attorney for Appellant ORDER JUDGE PRESIDING On this the day of \nffp-) I Ql \ CERTIFICATE OF SERVICE 2>eiA [date], came to be heard This is to certify that a copy of the above-entitled Appellant's motion for Extension of Time to File and numbered motion has been served on the Notice of Appeal, and it appears to the court that District Attorney of S*^ 1"V\/\ this motion should be [granted or denied]. IT IS County, Texas, by delivery of a true copy to THEREFORE ORDERED that the time for filing him/her H€^~ [in person on notice of appeal in Cause No. *r day of the QgO -V533- n\ be extended to m Q£_ \ LA QiD )£^~ or by mail, by depositing 34 same, postpaid, in an official depository under the 9f»^T _[date]. care and custody of the United States Postal Service on the oj J^° day of LexisNexis(R) Forms FORM 712-90.104.1

^? ^ )_V , [signature] a^i^ , enclosed in a wrapper Atfc) fof ^ properly addressed as follows "T'Og-NAA.w (J,Q^ac\ Q\ ^Qgg^Ai? Texas Criminal Practice Guide l<T\Q \oJ^^-Y|y.r r/iflme anrf a^re^ o/ CoPyright 2014' Matthew Bender &Company, Inc., a perron served]]. H> K^T member of the LexisNexis GrouP-