ACCEPTED 06-17-00211-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 4/3/2018 1:55 PM DEBBIE AUTREY CLERK IN THE SIXTH COURT OF APPEALS ___________________________________ FILED IN 6th COURT OF APPEALS NO. 06-17-00211-CR TEXARKANA, TEXAS ___________________________________4/3/2018 1:55:12 PM DEBBIE AUTREY LYDIA METCALF, Appellant Clerk

V. STATE OF TEXAS, Appellee ____________________________________________________________ On Appeal from the 123rd Judicial District Court Panola County, Texas Trial Court Case No. 2015-C-0290 ___________________________________________________________ APPELLANT’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF ___________________________________________________________

William J. Robertson State Bar No. 17077500 9800 Northwest Freeway Suite 314 Houston, Texas 77092 (713) 263-9911 Tele. (866) 657-5609 Fax [email protected] John C. Osborne TBA 15333200 7887 Katy Freeway, $184 Houston, Texas 77024 Tele: 713-530-3481 Email: [email protected] ATTORNEYS FOR APPELLANT

IN THE SIXTH COURT OF APPEALS ___________________________________ NO. 06-17-00211-CR ___________________________________ LYDIA METCALF, Appellant V. STATE OF TEXAS, Appellee ____________________________________________________________ On Appeal from the 123rd Judicial District Court Panola County, Texas Trial Court Case No. 2015-C-0290 ___________________________________________________________ APPELLANT’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF ___________________________________________________________ To the Honorable Justices of the Sixth Court of Appeals: Appellant, Lydia Metcalf, respectfully request the Court to extend the deadline for filing her Appellant’s Brief by 30 days from April 6, 2018 to May 6, 2018 pursuant to the Texas Rules of Appellate Procedure 10.5 (b) and 38.6 (d), and in accordance with the local rules of this Honorable Court.

In support thereof, the Appellees would show as follows: 1. The Appellant requests a thirty-day extension of time for the deadline for filing the Appellant’s Brief such that the Brief is considered timely filed on May 6, 2018.

2. The undersigned counsel is facing severe time constraints for reviewing the Reporter’s Record and the file in this appeal and preparing a complete and proper Appellant’s Brief while at the same time complying with pre-existing deadlines in other cases.

3. Further, the undersigned counsel for Appellant has been undergoing chemotherapy at M.D. Anderson Hospital in Houston, Texas for the last four months which has resulted in delays preparing the Appellant’s Brief in this cause of action. The undersigned counsel was released from further treatments at M.D. Anderson on March 28, 2018 but will need additional time to review the evidence, review the Reporter’s Record and research the legal issues presented in this case.

4. No previous extensions have been granted or requested regarding the filing of Appellant’s Brief.

5. The undersigned counsel contacted counsel for Appellee on April 3, 2018 and Appellee’s counsel is not opposed to this Motion for Extension of Time to file Appellant’s Brief.

6. Based on the foregoing, Appellant respectfully prays that this Court extend the deadline for filing the Appellant’s Brief by thirty days from April 6, 2018 to May 6, 2018.

Respectfully submitted, /s/ William J. Robertson _________________________ William J. Robertson TBA 17077500 9800 Northwest Freeway Suite 314 Houston, Texas 77092 Tele: 713-263-9911 Fax: 866-657-5609 Email: [email protected] John C. Osborne TBA 15333200 7887 Katy Freeway, $184 Houston, Texas 77024 Tele: 713-530-3481 Email: [email protected] ATTORNEYS FOR APPELLANT

CERTIFICATE OF SERVICE I certify that a true and correct copy of the above Appellant’s Unopposed First Motion for Extension of Time to file Appellant’s Brief” was served on all counsel of record by U.S. Mail, Certified, Return Receipt Requested and/or by facsimile and/or email and/or the Court’s electronic notification service on this 3rd day of April 2018.

Ms. Gena Bunn P.O. Box 6150 Longview, Texas 75608 Email: [email protected] /s/ William J. Robertson ________________________ William J. Robertson