Roderick Beham v. State

ACCEPTED 06-14-00174-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS 3/27/2015 4:04:23 PM

DEBBIE AUTREY

CLERK

IN THE COURT OF APPEALS Sixth Appellate District

State of Texas FILED IN

6th COURT OF APPEALS TEXARKANA, TEXAS

RODERICK BEHAM, 3/27/2015 4:04:23 PM

Appellant DEBBIE AUTREY

Clerk v. NO. 06-14-00174-CR

Trial Court #14 F 0004 005 STATE OF TEXAS,

Appellee

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Roderick Beham, Appellant, by and through his below named Attorney and pursuant to Texas Rules of Appellate Procedure, hereby requests an extension of the time period for the filing of the Appellant’s Brief and in support of same would show the Court as follows:

I.

A. This case is pending from the 5th Judicial District Court of Bowie

County, Texas. The date of the Judgment is August 29, 2014, with sentence being imposed by the trial court on August 29, 2014.

B. The case was styled, “State of Texas v. Roderick Beham., Cause No. 14

F 0004-005.

C. Appellant was convicted of the offense of Aggravated Robbery. D. Punishment was assessed by the jury to 25 years in the Institutional

Division of the Texas Department of Criminal Justice.

E. The Appellant’s Brief is due to be filed March 30, 2015.

F. Appellant requests an extension of the filing of Appellant’s Brief for

Forty-Five (45) days, making the Appellant’s Brief due on May 14, 2015. G. Appellant’s attorney has been diligent in researching and preparing the

Appellant’s brief for the Court however, due to counsel’s preparation in a criminal jury trial styled the State of Arkansas v. Tim Howard, in the Circuit Court of Little River County, Arkansas, since being appointed to represent Appellant, counsel has had insufficient time to complete Appellant’s brief.

H. There have been no previous requests for extensions in this cause. I. Counsel for Appellant has contacted the Assistant Criminal District

Attorney for Bowie County, Texas, who is assigned to this matter and she has no objection to the request of the Appellant.

II.

Appellant’s attorney has been diligent in pursuing this appeal and is not seeking this extension for the purpose of delay.

PRAYER

WHEREFORE, on the basis of the Texas Rules of Appellate Procedure, Appellant’s attorney respectfully requests this Court to grant the Motion for Extension of Time for the filing of Appellant’s Brief.

Respectfully submitted, /s/Alwin A. Smith Alwin A. Smith TBN: 18532200 [email protected] 602 Pine Street Texarkana, Texas 75501 903/792-1608 903/792-0899 Fax

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing Motion for Extension of Time to File Appellant’s Brief has been forwarded to Ms. Samantha Oglesby, 601 Main Street, Texarkana, Texas, on this the _27th__ day of March 2015.

/s/Alwin A. Smith Alwin A. Smith