Brittany Michelle Barrett v. State ( 2015 )

ACCEPTED
12-15-00146-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
11/9/2015 2:53:10 PM
Pam Estes
CAUSE NO. 12-15-00146-CR CLERK
BRITTANY MICHELLE BARRETT § IN THE
§
VS. § TWELFTH COURT
FILED IN
§ 12th COURT OF APPEALS
THE STATE OF TEXAS § OF APPEALS TYLER, TEXAS
11/9/2015 2:53:10 PM
MOTION TO PAM ESTES
Clerk
EXTEND TIME TO FILE APPELLANT’S PRO SE BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Appellant in the above styled and numbered cause, and moves this
Court to grant an extension of time to file appellant's pro se 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 114th Judicial District Court of Smith County,
Texas.
2. The case below was styled State v. Brittany Michelle Barrett and numbered
114-0874-12.
3. Appellant was convicted of Aggravated Assault with a Deadly Weapon.
4. Appellant was assessed a sentence of fifteen (15) years confinement in the Texas
Department of Criminal Justine - Institutional Division
5. Notice of Appeal was given on June 2, 2015.
6. The Clerk's Record was filed on June 3, 2015 and supplemented on June 5, 2015;
the Reporter's Record was filed on July 24, 2015.
7. The Appellant’s Brief was filed on September 22, 2015. Appellant requests the
Court an extension of ninety (90) days. Appellant requests an extension of time
due to the following facts and circumstances.
A. The Appellant’s record was first made available to the Appellant on
October 26, 2015.
B. The Appellant is unable to meet the deadline for the following reasons:
1) limited access to the law library to a few hours a day,
2) limited legal knowledge thereby slowing down research, and
3) that she just received notice about Anders Brief on October 26,
2015.
8. Appellant requests an extension of time due to the above referenced facts and
circumstances.
9. Appellant prays that this Court grant this Motion to Extend Time to File
Appellant’s Brief for a period of ninety (90) days, and for such other and further
relief as the Court may deem appropriate.
10. This Motion is being filed by counsel in accordance with communication received
from Ms. Barrett following her motion to extend time being found deficient due
to a failure to include a certificate of service.
Respectfully submitted,
Law Office of James W. Huggler, Jr.
100 E. Ferguson, Suite 805
Tyler, Texas 75702
Tel: (903) 593-2400
Fax: (903) 593-3830
By: /S/ James W. Huggler, Jr.
James W. Huggler, Jr.
State Bar No. 00795437
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that on November 9, 2015, 2015, a true and correct copy of the
above and foregoing document was served on Michael West, Smith County District
Attorney's Office, 100 North Broadway, Tyler, Texas 75702, by regular mail, fax, hand
delivery, or electronic filing.
/S/ James W. Huggler, Jr.
James W. Huggler, Jr.