Steven Troy Tillery v. State ( 2018 )

ACCEPTED
05-17-01147-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
5/20/2018 2:24 PM
LISA MATZ
CLERK
NO. 05-17-01147-CR
FILED IN
5th COURT OF APPEALS
STEVEN TROY TILLERY § IN THE FIFTH DALLAS, TEXAS
§ 05/20/2018 2:24:37 PM
VS. § COURT OF APPEALS, LISA MATZ
Clerk
§
STATE OF TEXAS § DALLAS, TEXAS
FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
MOTION TO EXTEND TIME TO FILE APPELLANT'S 05/21/2018
BRIEF 8:51:00 AM
LISA MATZ
Clerk
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Steven Troy Tillery, Appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time to file
appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure,
and for good cause shows the following:
1. This case is on appeal from the 219th District Court of Collin County,
Texas.
2. The case below was styled the State of Texas vs. Steven Troy Tillery,
and numbered 219-82576-2017.
3. Appellant was convicted of Aggravated Sexual Assault of Child, a
First-Degree Felony, on September 12, 2017.
4. Appellant was assessed a sentence of fifty years (50) in prison.
5. Timely Notice of appeal was given on September 12, 2017.
6. The Clerk's Record was filed on November 11, 2017; the Reporter's
Record was filed a month late on December 27, 2017.
7. On April 19, 2018, this Court reinstated this Appeal and ordered
Appellant’s brief filed by May 21, 2018
8. Appellant requests an extension of time of 30 days from the present
date.
9. Appellant relies on the following facts as good cause for the
requested extension:
Counsel has completed much of the work required to complete the brief.
He has interviewed witnesses, discussed the case in detail with client in prison,
and has reviewed the reporter’s record and began drafting the brief. Counsel was
well equipped to have the brief filed on Monday, May 21, 2018.
However, late last week Counsel suffered a household accident and had to
go to the emergency room after part of his right thumb and right forefinger were
sliced off by a meat slicer as shown by the following photographs:
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Counsel’s thumb and finger are expected to grow back but it will take
approximately 2-3 weeks for the skin to fully cover the open wounds. Counsel has
been forced to type one handed and it is a slow and painful process. For example,
this simple Motion took well over 2 hours for Counsel to complete.
Therefore, Counsel respectfully requests an extension of 30 days to
complete this brief. If Counsel is still physically unable to proficiently type within
that time period, Counsel will make arrangements with another lawyer for
assistance in order to timely complete it.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant
this Motion To Extend Time to File Appellant's Brief, and for such other and
further relief as the Court may deem appropriate.
Respectfully submitted,
GIBBS NOLTE ROBISON ROSE, PLLC
2780 Virginia Parkway, Suite 401
MCKINNEY, TX 75071
Tel: (972) 562-0266
Fax: (972) 569-9278
By: /s/ Mitchell R. Nolte
Mitchell R. Nolte
State Bar No. 00797159
mitch@mckinneylaw.com
Attorney for Steven Troy Tillery
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CERTIFICATE OF SERVICE
This is to certify that on May 20, 2018, a true and correct copy of the above
and foregoing document was served on the State of Texas, Collin County Criminal
District Attorney’s Office, by electronic service through the Electronic Filing
Manager.
/s/ Mitchell R. Nolte
Mitchell R. Nolte
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STATE OF TEXAS §
§
COUNTY OF COLLIN §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Mitchell R. Nolte, who after being duly sworn stated:
"I am the attorney for the appellant in the above numbered and
entitled cause. I have read the foregoing Motion to Extend Time to
File Appellant's Brief and swear that all of the allegations of fact
contained therein are true and correct."
/s/ Mitchell R. Nolte
Mitchell R. Nolte
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on May 20, 2018, to certify which
witness my hand and seal of office.
/s/ Nancy Hernandez
Notary Public, State of Texas
Comm Expires: 12/26/2021
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