Lee Andrew Green v. State ( 2015 )

ACCEPTED 03-15-00342-CR 7805097 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/12/2015 3:44:02 PM JEFFREY D. KYLE CLERK CASE NO. 03-15-00342, (TC# D-1-DC-14-904017) FILED IN 3rd COURT OF APPEALS LEE ANDREW GREEN VS. STATE OF TEXAS AUSTIN, TEXAS 11/12/2015 3:44:02 PM JEFFREY D. KYLE An Appeal following a trial from Clerk The 403th District Court, Travis County, Texas No. D-1-DC-14-904017 Styled the State of Texas vs. Lee Andrew Green, Jr. REQUEST FOR EXTENSION OF TIME TO FILE BRIEF To The Honorable Clerk of Said Court: Now comes Lee Andrew Green, Appellant in the above styled cause, and makes this his Request for Extension of Time to File Brief, and for good cause would show: I. Counsel for Appellant received notice of filing the reporter’s record from this Court on October 15, 2015, stating that the Reporter’s Record was filed in this Court on October 12, 2015. Under Texas Rule of Appellate Procedure 38.6 (and considering the state holiday on November 11, 2015), the deadline to file Appellant’s Brief is today, Nov. 12, 2015. II. The record on appeal is 10 volumes. There are also hundreds of photographs and exhibits. The predominant legal issues in the case appear to involve matters of deficiencies in the Court’s charge to the jury in a relatively new statutory regime. Due to the press of business, Counsel for Appellant has been unable to complete the review of the records and legal research required to effectively communicate and argue the anticipated points of error in the Brief III. This is the first request for extension of time filed with the Court in this cause. Counsel for Appellant requests that the Court grant an extension of time to file Appellant’s Brief until December 11, 2015. Respectfully Submitted, _____/s/ Drew Phipps______ Drew Phipps Attorney for Appellant 7421 Burnet Rd. #288 Austin, Texas 78757 (512) 476-3111 Bar # 15963050 CERTIFICATE OF SERVICE I, Drew Phipps, Attorney for Appellant, do certify that on this the 12th day of November, 2015, a true and correct copy of the foregoing Appellant’s Request for Extension of Time to File Brief was delivered by email to the Travis County District Attorney’s Office, Blackwell-Thurman Criminal Justice Center, Austin, Texas 78701. ___/s/ Drew Phipps______ Drew Phipps (Exhibit 1) FILE COPY COURT OF APPEALS THIRD DISTRICT OF TEXAS P.O. BOX 12547, AUSTIN, TEXAS 78711-2547 www.txcourts.gov/3rdc oa.aspx (512) 463-1733 JEFF L. ROSE, CHIEF JUSTICE JEFFREY D. KYLE, CLERK DAVID PURYEAR, JUSTICE BOB PEMBERTON, JUSTICE MELISSA GOODWIN, JUSTICE SCOTT K. FIELD, JUSTICE CINDY OLSON BOURLAND, JUSTICE October 15, 2015 Mr. Drew B. Phipps The Honorable Rosemary Lehmberg Drew Phipps, P.C. District Attorney 7301 Burnet Rd Ste 102-288 Travis County Courthouse Austin, TX 78757-2250 P. O. Box 1748 * DELIVERED VIA E-MAIL * Austin, TX 78767 * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 03-15-00342-CR Trial Court Case Number: D-1-DC-14-904017 Style: Lee Andrew Green v. The State of Texas Dear Counsel: The seven-volume reporter’s record and exhibits (three volumes), prepared by Ms. Roxanne Davenport, were filed in this Court on October 12, 2015. Very truly yours, JEFFREY D. KYLE, CLERK BY: Chris Knowles Chris Knowles, Deputy Clerk cc: Ms. Roxanne Davenport