Leslie Lee v. State ( 2015 )

ACCEPTED 06-15-00004-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 6/10/2015 9:45:59 AM DEBBIE AUTREY CLERK FOR THE SIXTH COURT OF APPEALS AT TEXARKANA, TEXAS FILED IN 6th COURT OF APPEALS LESLIE LEE ' TEXARKANA, TEXAS Appellant 6/10/2015 9:45:59 AM DEBBIE AUTREY V. ' CASE NO. Clerk 06-15-00004-CR TRIAL COURT NO. 42954-A THE STATE OF TEXAS Appellee ' THIRD MOTION FOR EXTENSION OF TIME TO FILE APPELLANT=S BRIEF TO THE HONORABLE COURT OF APPEALS: NOW COMES, LESLIE LEE, the Appellant herein, and moves the Court for an extension of time to file Appellant=s Brief in this cause, pursuant to Rules 38.6 and 10.5 (b) of the Texas Rules of Appellate Procedure, and in support thereof would show the Court as follows: I. The Appellant in this cause was convicted in the 188th District Court, Gregg County, Texas in cause number 42954-A for the offense of Theft. On October 8, 2014, punishment was assessed at six (06) months in the Department of Criminal Justice, State Jail. II. The Reporter=s record was filed on March 30, 2015. The Appellant=s Brief is due on or about June 10, 2015. III. The Appellant hereby requests an extension of time to file Appellant=s Brief. The undersigned counsel has been unable to devote sufficient time to the review of the record, research and preparation of Appellant=s Brief for the following good and sufficient reasons: This counsel has been diagnosed with complications related to his prior surgery in March at the Harvard Medical School in Boston, Massachusetts. Counsel was scheduled for a follow up doctor’s appointment on June 4, 2015 and continues to be under a doctor’s care. In addition to the above-listed matter, the undersigned counsel has been involved with a very busy trial and appellate schedule and is involved in numerous other felony and misdemeanor cases at various stages of litigation. WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on behalf of Appellant, respectfully prays that this Honorable Court extend the time for filing Appellant=s Brief for an additional thirty (30) days, to July 10, 2015. RESPECTFULLY SUBMITTED, __/s/ Clement Dunn_______ Attorney for Appellant 140 E. Tyler Street, Suite 240 Longview, TX 75601 (903) 753-7071 Fax (903) 753-8783 State Bar # 06249300 CERTIFICATE OF SERVICE As Attorney of Record for Defendant, I do hereby Certify that a true and correct copy of the above and foregoing document was this date provided to the Attorney for the State. Date: 06-10-15 __/s/ Clement Dunn_______ Attorney for Appellant FOR THE SIXTH COURT OF APPEALS AT TEXARKANA, TEXAS LESLIE LEE ' Appellant V. ' CASE NO. 06-15-00004-CR TRIAL COURT NO. 42954-A THE STATE OF TEXAS Appellee ' ORDER BE IT REMEMBERED, that on the _____ day of __________________, 2015, came on to be considered the above and foregoing Third Motion for Extension of Time to File Appellant=s Brief. After consideration of the same, it is the opinion of the Court that Appellant=s Motion be: ( ) GRANTED, and the present cause is hereby extended until _________________, 2015. ( ) DENIED, to which ruling the Appellant excepts. ( ) SET FOR HEARING ON THE _____ day of __________________, 2015, at _____ o=clock_____. SIGNED: _____________________________ JUDGE PRESIDING