ACCEPTED 05-15-00004-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 5/26/2015 4:51:18 PM LISA MATZ CLERK

NO. 05-15-00004-CR STATE OF TEXAS § INTHE FILED IN 5th COURT OF APPEALS § DALLAS, TEXAS vs. § Fifth COURT 5/26/2015 4:51:18 PM § LISA MATZ Clerk KARL MULLENS § OFAPPEALS

SECOND MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF TO THE HONORABLE JUSTICES OF SAID COURT: Now comes Karl Mullens, Appellant in the above styled and numbered cause, and moves this Court to grant an extension of time to file appellant's brief, pursuant to Rule 38.6 ofthe Texas Rules of Appellate Procedure, and for good cause shows the following: 1. This case is on appeal from the 59th Judicial District Court of Grayson County, Texas.

2. The case below was styled the STATE OF TEXAS vs. Karl Mullens, and numbered 063112.

3. Appellant was convicted of Driving While Intoxicated 3rd or More.

4. Appellant was assessed a sentence often years on October 23, 2014.

5. Notice of appeal was given on December 31, 2014.

Motion to Extend Time to File Appellant's Brief Page 1 6. The clerk's record was filed on January 27, 2015; the reporter's record was filed on March 27, 2015.

7. The appellate brief is presently due on May 26, 2015.

8. Appellant requests an extension of time of 30 days from the present date, i.e. June 26, 2015.

9. One extension to file the brief has been received in this cause.

10. Defendant is currently incarcerated.

11. Appellant relies on the following facts as good cause for the requested extension: Appellant Codi Holt's undersigned counsel's home is located in an area (Grayson County, Texas - Lake Texoma) which has been recently declared a disaster area due to extensive flooding. The undersigned attorney has been involved in numerous activities in attempting to save her residence from flood waters which has now forced the evacuation of her personal property and family from her home.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant this Motion To Extend Time to File Appellant's Brief, and for such other and further relief as the Court may deem appropriate.

Motion to Extend Time to File Appellant's Brief Page2 Respectfully submitted, PAMELA A. MCGRAW, P.C.

208 W. Cherry St. Sherman, TX 75090 Tel: (903) 868-9490 Fax: (903) 891-1918 /

~fl?i,~ ela A. McGraw State Bar No. 00788018 [email protected] Attorney for Karl Mullens

CERTIFICATE OF SERVICE This is to certify that on May 26, 2015, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Grayson County, 200 South Crockett, Sherman, Texas 75090, by fax to (903) 892-9933.

Motion to Extend Time to File Appellant's Brief Page3 STATE OF TEXAS § § COUNTY OF GRAYSON §

AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared Pamela A. McGraw, 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 Brief and swear that all of the allegations of fact contained therein are true and correct."

Pamela A. Mc Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on 5 /a.1,, 2015, to certify which witness my hand and seal of office.

ft~,.

Notary Public, State of Texas

Motion to Extend Time to File Appellant's Brief Page4