Tevin Willis v. State

ACCEPTED 06-16-00040-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS 7/7/2016 9:55:54 AM

DEBBIE AUTREY

CLERK No. 06-16-0040-CR

T EVIN W ILLIS, § I N T HE S IXTH D ISTRICT

FILED IN Appellant § 6th COURT OF APPEALS

TEXARKANA, TEXAS §

7/7/2016 9:55:54 AM VS. § C OURT OF A PPEALS

DEBBIE AUTREY § Clerk

T HE S TATE OF T EXAS, §

Appellee § O F T HE S TATE OF T EXAS A PPELLANT’S M OTION TO E XTEND T IME TO F ILE THE B RIEF

Appellant, Tevin Willis (Willis), requests that the court extend time to file his brief.

A. Introduction 1. Tevin Willis is the Appellant. The State of Texas is the Appellee (State). 2. Appellant’s brief is currently due on July 11, 2016 and Appellant requests an extension until August 10, 2016.

B. Argument and Authorities 3. The court may extend time to file the brief under the authority of Texas Rule of Appellate Procedure 38.6(d). No rule limits the time within which to file this motion to extend. See Tex. R. App. P. 38.6(d).

4. Appellant’s brief is currently due on July 11, 2016. See Tex. R. App. Pro. 38.6(a).

5. Appellant now requests an additional thirty (30) days to file Appellant’s brief, extending the time until August 10, 2016.

6. No prior extensions have been granted to Appellant to extend time to file Appellant’s Brief.

7. Appellant requests additional time to file his brief because counsel has read the entire appellate record and identified four potential appellate issues. However, the issues are complex and require substantial legal research and drafting, which will require more than the time remaining until the current deadline.

Additionally, Appellant’s counsel is currently appellate counsel on the following pending appellate matters:

Mitchell v. State of Texas,

Cause No. 06-15-0196-CR; appeal pending in Sixth Court of Appeals Jacobs v. State of Texas,

Cause No. 06-16-0008-CR; appeal pending in Sixth Court of Appeals Parker v. State of Texas,

Cause No. 06-16-00025-CR; appeal pending in Sixth Court of Appeals Willis v. State of Texas,

Cause No. 06-16-00040-CR; appeal pending in Sixth Court of Appeals Bledsoe v. State of Texas,

Cause No. 06-16-00044-CR; appeal pending in Sixth Court of Appeals Feeman, et. al. v. Harleton Oil & Gas, Inc., et al,

Cause No. 06-16-00034-CV; appeal pending in Sixth Court of Appeals Nard v. State of Texas,

Cause No. 06-16-0040-CR; appeal pending in Sixth Court of Appeals Accordingly, Appellant’s counsel requests an additional thirty days.

C. Prayer 8. For these reasons, Appellant asks the Court to grant an extension of time to file his brief in this cause to August 10, 2016, and for such other and further relief to which he may be entitled.

Respectfully submitted, Miller, James, Miller & Hornsby, L.L.P. By:________________________________

Troy Hornsby Texas State Bar Number 00790919 1725 Galleria Oaks Drive Texarkana, Texas 75503 [email protected] 903.794.2711; f. 903.792.1276 Attorneys for Appellant Tevin Willis

C ERTIFICATE OF S ERVICE

This is to certify that on July 7, 2016, a true and correct copy of the above and foregoing Appellant’s Motion to Extend Time to File the Brief has been forwarded by U.S. mail on all counsel of record listed below.

Appellant State's Attorney Tevin Willis Kelley Gossett Crisp TDC #02069726 Bowie County Dist. Attorney's Office Gurney Unit 601 Main Street 1385 FM 3328 Texarkana, Texas 75501 Palestine, Texas 75803

Defendant's Trial Attorney Trial Court Judge Derric McFarland Honorable Bobby Lockhart Bowie Co. Public Defender's Off. 102nd District Judge 424 W. Broad Street Bi-State Justice Building Texarkana, Texas 75501 100 North State Line Avenue Texarkana, Texas 75501

_______________________ Troy Hornsby