Chadwick Smith v. State ( 2017 )

ACCEPTED
09-17-00145-CR
NINTH COURT OF APPEALS
BEAUMONT, TEXAS
12/13/2017 2:25 PM
CAROL ANNE HARLEY
CLERK
NO:09-17-00145-CR
TRIAL COURT CASE NO(s) 23678
FILED IN
COURT OF APPEALS 9th COURT OF APPEALS
NINTH DISTRICT BEAUMONT, TEXAS
BEAUMONT, TEXAS 12/13/2017 2:25:30 PM
CAROL ANNE HARLEY
Clerk
CHADWICK SMITH § APPEAL FROM THE 356TH DISTRICT
§ COURT
§
vs. § OF
§
THE STATE OF TEXAS, APPELLEE § HARDIN COUNTY, TEXAS
MOTION TO EXTEND THE TIME FOR FILING APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW the Appellant and moves the Court for an extension of time to file a
Appellant’s brief in the cause, and in support thereof would show the Court as follows:
I.
On March 30th, 2017, the Appellant plead Guilty, to the offense of Possession of a
Controlled Substance PG 1 Four Grams or More, but less than 200 Grams, a Second Degree Felony.
On March 30th, 2017 Defendant was sentenced and received Twelve (12) years in the Institutional
Division of The Texas Department of Criminal Justice, under the Cause No. 23678; THE STATE
OF TEXAS VS. CHADWICK SMITH; IN THE 356TH DISTRICT COURT OF HARDIN
COUNTY, TEXAS. II.
The Appellant timely filed his Notice of Appeal and the Transcript and Statement of Facts
were timely filed herein, and the Appellant’s Brief was due to be filed herein on December 13th,
2017. III.
Appellant respectfully request that this Honorable Court grant an additional extension of
approximately thirty (30) days or until January 13th, 2018, in filing Appellant’s Brief
IV.
The such extension is necessary for the following reasons:
1. Counsel makes this request for extension because he has been scheduled in multiple
counties on the felony trial dockets in Jefferson, Hardin, Liberty, Newton, and Tyler Counties, for
announcement, pretrial and trial dockets. Counsel has been heavily scheduled on the Hardin County
Dockets, in both the 356th and 88th Judicial District Courts. Counsel sincerely apologizes to this
honorable court for filing an additional extension and wishes to remain in good standing with this
Honorable Court, but he prays that the court will grant this second extension to allow the needed
time to finalize and file Appellant’s Brief to ensure accuracy and eliminate the possibility of error.
2. As well, counsel respectfully informs the court he has been working on several
other briefs, (in the Ninth Court of Appeals), writs and petitions for discretionary review, during this
time of which have required more than the usual amount of time in research and reviewing case law.
3. Counsel informs the court this extension is not sought for delay, but that justice may
be done.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests and prays
that this Honorable Court extend the time for the filing of Appellant’s Brief herein approximately
on January 13th, 2018.
Respectfully submitted,
/s/ Bryan S. Laine
/s/ Bryan S. Laine
TBN. #24011488
1045 S. Redwood
Kountze, Texas 77625
Tel: (409) 246-4008
Fax: (409) 246-3645
bryanlaine@gt.rr.com
CERTIFICATE OF SERVICE
I hereby certify that true and correct copy of the foregoing document has been forwarded
to all opposing counsel and parties on this the 13th day of December 2017.
By:/s/ Bryan S.Laine
/s/Bryan S. Laine
State Bar No. 24011488
NO:09-17-00145CR
TRIAL COURT CASE NO(s) 23678
COURT OF APPEALS
NINTH DISTRICT
BEAUMONT, TEXAS
CHADWICK SMITH § APPEAL FROM THE 356Th DISTRICT
§ COURT
§
vs. § OF
§
THE STATE OF TEXAS, APPELLEE § HARDIN COUNTY, TEXAS
ORDER
On________________________, 2017, came on to be considered CHADWICK
SMITH’S Appellant’S Motion to Extend the Time For Filing Appellant’s Brief
and said motion is hereby:
(Granted) (Denied)
JUDGE PRESIDING