ACCEPTED 05-15-00347-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 9/18/2015 1:50:34 PM LISA MATZ CLERK CAUSE NO. 05-15-00347-CR IN THE FILED IN 5th COURT OF APPEALS COURT OF APPEALS DALLAS, TEXAS FIFTH DISTRICT OF TEXAS 9/18/2015 1:50:34 PM AT DALLAS LISA MATZ Clerk *************************************** OJAY JOHNSON, Appellant v. THE STATE OF TEXAS *************************************** MOTION TO EXTEND TIME FOR FILING APPELLANT’S BRIEF TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: COMES NOW Ojay Johnson, Appellant herein, and respectfully submits this his First Motion to Extend Time for Filing Appellant’s Brief pursuant to the provisions of TEX. RULE. APP. 38.6 (d) and in support thereof would show the Court as follows: I.

The brief is currently due to be filed on Monday, September 14, 2015 (the original filing date of September 12, 2015 having been extended by TEX. RULE. APP. 4.1 [a]).

II.

Appellant requests an extension of 3 days to September 17, 2015.

III.

The brief has not been previously tendered because of other commitments of counsel, both trial and appellate. In addition, Monday and Tuesday of this week were Jewish religious holidays.

III.

No previous extension motions have been presented or granted.

WHEREFORE, for the foregoing reasons appellant through counsel, respectfully requests that this Honorable Court grant this motion.

Respectfully submitted, /S/ Lawrence B. Mitchell LAWRENCE B. MITCHELL SBN 14217500 P.O. Box 797632 Dallas, Texas 75379 Tel. No.: 214.870.3440 E-mail: [email protected] Attorney for Appellant

CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that a true and correct copy of the foregoing brief is being served on the attorney for the State of Texas, Lori Ordiway by e-mail at [email protected] on this the 17day of September, 2015.

/s/ Lawrence B. Mitchell LAWRENCE B. MITCHELL