April Allison Powers v. State ( 2015 )

ACCEPTED
12-15-00237-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
11/6/2015 3:48:33 PM
Pam Estes
CLERK
NO. 12-15-00237-CR
APRIL ALLISON POWERS § IN THE TWELFTHFILED IN
§ 12th COURT OF APPEALS
TYLER, TEXAS
VS. § COURT OF APPEALS
11/6/2015 3:48:33 PM
§ PAM ESTES
STATE OF TEXAS § TYLER, TEXAS Clerk
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes April Allison Powers, 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 145TH Judicial District Court of
Nacogdoches County, Texas.
2. The case below was styled the State of Texas vs. April Allison
Powers, and numbered F1421312.
3. Appellant was convicted of Vehicle Involved in Accident.
4. Appellant was assessed a sentence of 25 years in prison on June
12, 2015.
5. Notice of appeal was given on September 8, 2015.
6. The clerk’s record was filed on October 9, 2015; the reporter’s
record was filed on September 22, 2015.
7. The appellate brief is presently due November 9, 2015.
8. Appellant requests an extension of time of 30 days from the date
a complete appellate record is filed.
9. No previous extensions to file Appellant’s brief have been
requested.
-1-
10. Defendant is currently incarcerated.
11. Appellant relies on the following facts as good cause for the
requested extension:
Pursuant to TEX. R. APP. P. 34.6(c),(d), Appellant has requested the
Nacogdoches County District Clerk and the Official Court Reporter of 145TH
Judicial District Court to supplement the Clerk’s Record and Reporter’s
Record. See Exhibits A, B. Appellant requested that the record include a copy
of the presentence investigation report. The current record excludes what
may be a crucial document requested in Appellant’s Designation.
Accordingly, it is impossible to prepare Appellant’s brief until such time as
the Record has been supplemented with the missing document.
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,
LAW OFFICES OF NOEL D. COOPER
117 North Street, Suite 2
Nacogdoches, Texas 75961
Telephone: (936) 564-9000
Telecopier: (936) 715-6022
By:/s/Noel D. Cooper
Noel D. Cooper
State Bar No. 00796397
noelcooper@noelcooper.com
Attorney for April Allison Powers
-2-
CERTIFICATE OF SERVICE
I certify that a true copy of this Notice of Appeal was served in accordance
with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that
party's lead counsel as follows:
Party: State of Texas
Lead attorney: Carolyn Ann Gilcrease
Address of service: 101 W. Main, Nacogdoches, Texas 75961
Email Address: cgilcrease@co.nacogdoches.tx.us
Method of service: by electronic service
Date of service: November 6, 2015
/s/Noel D. Cooper
Noel D. Cooper
CERTIFICATE OF COMPLIANCE
Pursuant to TEX. R. APP. P. 9.4(i)(3), I certify that this document is
computer generated and contains 313 words based on a computer word
count.
/s/Noel D. Cooper
Noel D. Cooper
-3-
EXHIBIT A
EXHIBIT B