Richard Harrison Leger v. State

Court of Criminal Appeals of Texas

Richard Harrison Leger v. State

Opinion

ACCEPTED 07-14-00218-CR SEVENTH COURT OF APPEALS AMARILLO, TEXAS 1/2/2015 6:31:31 PM Vivian Long, Clerk

APPELLATE NO. 07-14-00218-CR

IN THE COURT OF APPEALS FILED IN FOR THE SEVENTH JUDICIAL DISTRICT 7th COURT OF APPEALS AMARILLO, TEXAS AMARILLO, TEXAS 1/2/2015 6:31:31 PM VIVIAN LONG CLERK

The State of Texas, Appellee

v.

Richard Harrison Leger, Appellant

APPEAL FROM NO. 3715

The 100th District Court of Donley County, Texas The Honorable Stuart Messer

APPELLANT’S MOTION TO EXTEND TIME TO FILE OPENING BRIEF

David W. Lewarchik, Esq. Lewarchik Law PLLC 939 W. North Ave., Suite 750 Chicago, IL 60642 Phone: 630-947-4882 Facsimile: 312-646-2301 Email: [email protected] MOTION TO EXTEND TIME TO FILE APPELLANT”S OPENING BRIEF

Now comes Richard Harrison Leger, Appellant in the above styled and

numbered cause, and moves this Court to grant an extension of time to file

Appellant’s opening brief, pursuant to Rule 38.6 of the Texas Rules of Appellate

Procedure, and good cause shows the following:

1. This case is on appeal from the 100th Judicial District Court of Donley

County, Texas.

2. This case is styled THE STATE OF TEXAS v. RICHARD HARRISON

LEGER, and numbered 3715.

3. Appellant was Adjudicated Guilty of the offense of Driving While

Intoxicated, a third degree felony.

4. Notice of appeal was given on June 2, 2014.

5. The Clerk’s record was filed on September 24, 2014, and the reporter’s

record was filed on September 24, 2014.

6. The appellate brief was due on December 31, 2014.

7. Counsel requests this 35-day extension for the Opening Brief in this

matter.

8. Travis Tidmore, former counsel for Appellant, requested one prior

extension, and the undersigned counsel asked for one extension as well.

9. Counsel relies on the following facts as good cause for the current

extension: Counsel is unexpectedly representing an appellant in an expedited appeal involving child custody for which no additional extension for the opening

brief can be obtained. This matter is captioned In re Natalya Mandel and

Chanan Mandel, 2-14-0975, (IL. 2nd Dist. 2014).

10. As a consequence, the undersigned counsel is engaged in extensive

preparation for said expedited matter and does not currently have the time to

devote to the instant case necessary to render effective assistance of appellate

counsel.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court

grant this Motion to Extend Time to File Appellant’s Opening Brief.

Respectfully submitted,

1.1.2015 /S/ David Lewarchik Date David Lewarchik

Name: David Lewarchik Firm: LEWARCHIK LAW PLLC ARDC: 6281940 939 W. North Ave., Suite 750 Chicago, IL 60642 Phone: 630-947-4882 Facsimile: 312-646-2301 [email protected] CERTIFICATE OF SERVICE

This is to certify that on December 31, 2014, a true and correct copy of the

above and foregoing document was served on Luke Inman, District Attorney for

Donley County, by email.

12.31.2014 /S/ D L avid ewarchik Date David Lewarchik

CERTIFICATE OF CONFERENCE

I certify that on December 30, 2014, I conferred with the office of the District Attorney of Donley County and they are in agreement with the Appellant’s Motion to Extend Time to File Appellant’s Opening Brief.

12.31.2014 /S/ D L avid ewarchik Date David Lewarchik

Reference

Status
Published