Everton Roxroy Bailey, Jr. v. State ( 2015 )

ACCEPTED 03-15-00076-CR 5934216 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/6/2015 8:54:47 AM JEFFREY D. KYLE CLERK IN THE THIRD COURT OF APPEALS FOR THE STATE OF TEXAS FILED IN 3rd COURT OF APPEALS EVERTON ROXROY BAILEY, JR. AUSTIN, TEXAS 7/6/2015 8:54:47 AM V. NO. 03-15-00076-CR JEFFREY D. KYLE Clerk THE STATE OF TEXAS APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF TO THE HONORABLE THIRD COURT OF APPEALS: COMES NOW, Everton Roxroy Bailey, Jr., by and through his attorney of record, Dal Ruggles, and files this his First Motion for Extension of Time to File Brief and in support thereof, would show the Court the following: I. That the above-styled and numbered cause is styled The State of Texas v. Everton Roxroy Bailey, Jr., Cause Number 13-0933-K26 in the 26th Judicial District Court of Williamson County, Texas. II. Appellant was convicted of Aggravated Assault w/Deadly Weapon – Family Violence w/Serious Bodily Injury. Appellant was sentenced on January 8, 2015 and punishment was assessed at thirty-seven (37) years imprisonment. III. Appellant’s notice of appeal was filed on January 28, 2015. A motion for 1 new trial was filed on January 14, 2015. The reporter’s record was filed on May 22, 2015. The clerk’s record was filed on February 10, 2015. A supplemental clerk’s record was filed on February 12, 2015. The due date for the brief is Friday, July 3, 2015. IV. This is Appellant’s first motion for extension of time to file his brief. Appellant respectfully requests a forty-five day extension of time to file the brief, which would make such brief due on Friday, August 14, 2015. V. The undersigned attorney has been unable to complete the brief due to lack of time. Counsel’s workload has been such that he has not been able to devote sufficient time to complete the brief. He asks that this extension be granted so that he may effectively represent Appellant and so that justice may be done in this case. Respectfully Submitted, /s/ Dal Ruggles DAL RUGGLES Attorney at Law 1103 Nueces St. Austin, Texas 78701 Phone: (512) 477-7991 Facsimile: (512) 477-3580 SBN: 24041834 Email: dal@ruggleslaw.com ATTORNEY FOR APPELLANT 2 CERTIFICATE OF SERVICE I, Dal Ruggles, hereby certify that a true and correct copy of the foregoing Appellant’s First Motion for Extension of Time to File Brief was e-served to Mr. John C. Prezas of the Williamson County District Attorney's Office on this the 2nd day of July, 2015. /s/ Dal Ruggles DAL RUGGLES 3