Kristopher Donald Mixon v. State ( 2015 )


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  •                                                                                              ACCEPTED
    07-15-00094-CR
    SEVENTH COURT OF APPEALS
    AMARILLO, TEXAS
    6/15/2015 3:36:26 PM
    Vivian Long, Clerk
    NO. 07-15-00094-CR
    FILED IN
    7th COURT OF APPEALS
    STATE OF TEXAS                            §    IN THE SEVENTH    COURTTEXAS
    AMARILLO,
    §                6/15/2015 3:36:26 PM
    VS.                                       §    OF APPEALS       VIVIAN LONG
    §                        CLERK
    KRISTOPHER DONALD MIXON                   §    OF THE STATE OF TEXAS
    MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
    TO THE HONORABLE JUSTICES OF SAID COURT:
    Now comes Kristopher Donald Mixon, 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 251st Judicial District Court of Randall
    County, Texas.
    2.    The case below was styled the State of Texas vs. Kristopher Donald
    Mixon, and numbered 23963C.
    3.    Appellant was convicted of Possession of a Controlled Substance
    (Penalty Group 1), a Second Degree Felony.
    4.    Appellant was assessed a sentence of eight (8) years in the Texas
    Department of Criminal Justice – Institutional Division.
    5.    Notice of appeal was given on March 6, 2015.
    1
    6.    The clerk's record was filed on April 13, 2015; the reporter's record was
    filed on May 15, 2015.
    7.    The appellate brief is presently due on June 15, 2015.
    8.    Appellant requests an extension of time of 30 days from the present
    date, i.e. until July 15, 2015.
    9.    No extension to file the brief has been requested or received in this
    cause.
    10.   Defendant is currently not incarcerated and is released on bond.
    11.   Appellant relies on the following facts as good cause for the requested
    extension:
    Appellant’s counsel was appointed by the trial court to represent Appellant
    after the trial of this cause. Appellate counsel did not represent the Appellant at the
    trial. Appellant is indigent. The Court clerk’s record of the proceedings consists of
    144 pages and the reporter’s record consists of 398 pages including exhibits.
    Counsel has not had time to complete Appellant’s brief.
    WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court
    grant this Motion To Extend Time to File Appellant's Brief until July 15, 2015, and
    for such other and further relief as the Court may deem appropriate.
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    Respectfully submitted,
    Easterwood, Boyd & Simmons, P.C.
    623 N. Main Street
    P.O. Box 273
    Hereford, TX 79045
    Tel: (806) 364-6801
    Fax: (806) 364-2526
    /s/ JAMES B. JOHNSTON
    James B. Johnston
    State Bar No. 10838200
    E-Mail: bryan@ebs-law.net
    Attorney for Kristopher Donald Mixon
    CERTIFICATE OF COMPLIANCE
    The undersigned certifies that according to the WordPerfect word count
    tool this document contains 480 words, exclusive of the items excepted by TEX. R.
    APP. P. 9.4(i)(1).
    /s/ JAMES B. JOHNSTON
    Attorney for Appellant
    CERTIFICATE OF SERVICE
    This is to certify that on June 15, 2015, a true and correct copy of the above
    and foregoing document was served on the District Attorney's Office, Randall
    County, 2309 Russell Long Blvd., Suite 120, Canyon, Texas 79015, by facsimile
    transmission to (806) 468-5566.
    /s/ JAMES B. JOHNSTON
    Attorney for Appellant
    3
    

Document Info

Docket Number: 07-15-00094-CR

Filed Date: 6/15/2015

Precedential Status: Precedential

Modified Date: 9/29/2016