ACCEPTED 11-17-00172-cr ELEVENTH COURT OF APPEALS EASTLAND, TEXAS 6/23/2017 11:53 AM SHERRY WILLIAMSON CLERK No. 11-17-00172-CR IN THE COURT OF APPEALS ELEVENTH DISTRICT OF TEXAS EASTLAND, TEXAS FILED IN 11th COURT OF APPEALS EASTLAND, TEXAS 6/23/17 11:53:22 AM No. CR14590 in the 266th District Court of Hood County, TexasWILLIAMSON SHERRY The Honorable Jason Cashon, Presiding Clerk

Stephenville, Texas

Martin Shawn Carswell, Appellant

v.

The State of Texas

MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL

TO THE HONORABLE COURT OF APPEALS:

Andrew Ottaway files this motion for an extension of time to file notice of appeal,

and would show the Court, upon information and belief, that the Appellant, Martin Shawn

Carswell, was moved from the Erath County Jail to the Comanche County Jail because of

a detainer. Trial Counsel Brady Pendleton could not find him until the time had run out.

Brady Pendleton went to the Comanche County Jail, obtained the Appellant’s signature

on the notice of appeal, and hand delivered and filed it with the District Clerk on June 15,

2017, one day late. In the interest of justice Appellant requests that the Court grant this

Motion for Extension and allow the appeal to continue.

Motion for Extension of Time to File Notice of Appeal Page 1 Respectfully submitted,

/s/Andrew Ottaway, Lawyer 417 West Pearl Street PO Box 1679 Granbury, Texas 76048 817-573-7823; fax817-579-1104 [email protected] SBN 15342850

Certificate of Conference

I discussed this Motion with Jett Smith, the Assistant District Attorney of Erath County, Texas and he told me he had no objection to this Motion.

Dated: June 23, 2017 /s/Andrew Ottaway

Certificate of Service

A copy of this document was delivered to:

Appellant: Martin Shawn Carswell

Trial Attorney Brady Pendleton

State’s Attorneys M. Alan Nash, District Attorney Jett Smith, Assistant District Attorney Stephenville, Texas

Dated: June 23, 2017 /s/Andrew Ottaway

Motion for Extension of Time to File Notice of Appeal Page 2