ACCEPTED 12-15-00103-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 10/22/2015 4:41:45 PM Pam Estes CLERK NO. 12-15-00103-CR

Desiree Chumbley § IN THE DISTRICT COURT OF APPEALS vs. § 12 TH JUDICIAL DISTRICT FILED IN The State of Texas § STATE OF TEXAS 12th COURT OF APPEALS TYLER, TEXAS 10/22/2015 4:41:45 PM ST REQUEST FOR EXTENSION OF TIME TO FILE BRIEF PAM ESTES Clerk TO THE HONORABLE JUSTICES OF SAID COURT: Now comes Appellant in the above entitled and numbered cause, by and through his court appointed atto rney, and, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure, files this his 1 st Request for Extension of Time to File Brief to the 12th Court of Appeals of the S tate of Texas, sitting in Tyler, Texas. In support of same, Appellant would respectfully show the following as good cause: 1. This cause is on appeal from the 2nd Judicial District Court of Cherokee County, Texas.

2. The case below was styled The State of Texas vs. Desiree Chumbley and was numbered 19193.

3. App ellant was convicted by a Jury of the offense of Burglary of a Habitation - Enhanced and was assessed a se nte nce of 60 years con fine men t in th e Te xas Dep artm ent of C rimin al Justice, Institutional Division, with 380 days credit.

4. Notice of Appeal and Motion for New Trial were filed on April 22, 2015.

5. Both the Clerk’s Record and the Reporter’s Record ha ve previously been filed with the Court.

6. It is th e un ders igne d’s und ers tan ding tha t Ap pella nt’s Brie f is d ue o n 30 days afte r rec eipt , ma king same being October 20, 2015.

7. Appellant requests an extension of time of 90 days from the originally sch edu led d ate per t his hon orab le court’s calendar to file the Brief, i.e. January 20, 2016. This would allow the opportunity for counsel to adequately review this material, research it and draft an appropriate argument based upon it.

8. It is Counsel’s understanding that this is the first request for such an extension.

9. Appellant relies upon the following facts as good cause for the requested extension: Counsel is a sole practitioner. Counsel was not trial counsel and, therefore, has to familiarize himself with the trial actions from discussions with the Defendant and trial counsel, and from reviewing the record as and when it was forwarded to him. Counsel also serves as the sole presiding Judge for the cities of Rusk, Alto, Wells and Cuney and, as such, must maintain his judicial dockets and responsibilities without substitution. Accordingly, additional time is required for effective ass ista nce of c oun sel o n ap pea l.

In addition to the above, Counsel would show that he has had a conflict of time because of the following previously scheduled activities and court hearings: Counsel has daily duties as a Magistrate and conducts Magistration Docket for the cities of Rusk, Alto, W ells an d Cu ney.

In addition to his daily duties as a Magistrate , Counse l has his Judicial Duties a s Municipal Co urt Judge for Pre-Trial Dockets, as well as Show Cause Dockets, and Jury and Bench Trials as follows: September 3, 2015 Wells and Alto (including 1 jury trial in Alto) September 16, 2015 Rusk October 6, 2015 Cuney October 7, 2015 Rusk October 8, 2015 W ells and Alto Oc tob er 14 , 20 15 R usk 2 Ju ry tria ls October 21, 2015 Rusk October 22, 2015 Alto November 3, 2015 Cuney November 4, 2015 Rusk November 5, 201 5 Wells and Alto November 18, 2015 Rusk November 19, 20 15 Alto December 1, 2015 Cuney December 2, 2015 Rusk December 3, 201 5 Wells and Alto December 16, 2015 Rusk December 17, 20 15 Alto January 5, 2016 Cuney January 6, 2016 Rusk January 7, 2016 W ells and Alto

Counsel is called away to attend a required Judicial Education Conference on October 28 - 29, 2015.

Counsel also has his attendant duties as Presiding Judge for purposes of departmental reporting at Alto City Council on September 21, 2015, October 19, 2015, November 16, 2015, December 21, 2015 and January 18, 2015.

Add itiona lly, Counse l’s wife had surge ry on Septem ber 10, 2015, necessitating his attendant duties on the day of surgery and during her recuperation time, as well as a follow-up appointments on September 21, 2015, October 5, 2015, November 2, 2015, November 10, 2015

Further, Counsel had his own medical appointments for his Leukemia treatment as follows: September 28, 2015 (all day- @ 5 hours) October 20, 2015 and his Diabetes treatment as follows: September 29, 2015 January11, 2016 and further treatment for a hand nerve condition on November 5, 2015 ( with probable surgery prior to the end of December 2015) leaving him with temporary reduction of hand availability to only one hand until released by his doctor.

Because o f the above, counsel has been and will be unable to complete the necessary research and preparation of th e ap pella te b rief w itho ut a n ex ten sion of tim e. R equ est is ma de h erein tha t this hon orab le Court grant this request.

Respectfully submitted,

LAW OFFICE OF FORREST K. PHIFER Forrest K. Phifer P.O. Box 829 SBOT 15908570 Rusk, Texas 75785-0829 (903) 721-1842 By:/S/ Forrest K. Phifer CERTIFICATE OF CONFERENCE I, the undersigned, herein certify that I have conferenced with the Prosecuting Attorney on October 19, 2015 and she has indicated NO OBJECTIONS to the merits of this motion.

By: /S/ Forrest K . Phifer CERTIFICATE OF SERVICE This is to certify that on October 19, 2015, a true and correct copy of the above and foregoing document was serv ed o n th e Pr ose cut ing A ttor ney's Off ice, Che roke e Co unt y, Ru sk, Tex as, by ele ctro nic delive ry.

/S/ Forrest K. Phifer