John Lynn Kolster v. State ( 2015 )

ACCEPTED
03-15-00075-CR
7756238
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/10/2015 9:06:25 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00075-CR
JOHN LYNN KOLSTER § INTHE FILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
vs. § 3rd COURT 11/10/2015 9:06:25 AM
§ JEFFREY D. KYLE
Clerk
STATE OF TEXAS § OF APPEALS, Austin, Texas
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes JOHN LYNN KOLSTER 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 (d) of the Texas Rules of Appellate
Procedure, and for good cause shows
the following:
1. On November 10, 2015 this counsel filed Appellant's Motion
to Extend Time to File Appellant's Brief.
2. This case is on appeal from the 391stTHst District Court of Tom
Green County Texas.
3. The case below was styled In the State vs. John Lynn Kolster
and numbered D-140523-SB Appellant was convicted on November
21, 2014 of Assault Family Violence with Prior convictions enhanced
to a second degree felony and Appellant was sentenced to 7 years in
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the institutional division of the Texas Department of Criminal Justice
5. A motion for new trial was filed on November 20, 2014.
Notice of appeal was given on December 18, 20 14.
6. The clerk's record was filed on April 29, 2015; the reporter's
record was filed on February 17, 2015 and October 13, 2015.
8. Counsel is Appointed in this matter. Counsel has been awaiting the
appeal to be reinstated following the case being remanded to the trial
court due to a calendaring error by counsel. On October 15, 2015 this
court reinstated the Appeal. Counsel anticipates filing the brief on or
before November 16, 2015
9. Counsel therefore requests this court extend the time for filing
said Brief to 63 days from the current due date ofSepemberl4, 2015.
10. one previous Extension one granted regarding this matter.
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,
Nathan Butler Attorney at law
123 S. Washington
San Angelo, Texas 76901
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Tel: (325) 653-2373
Fax: (325) 482-8064
By:/s/ Nathan Butler
Nathan Butler
State Bar No. 24006935
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that on November 10, 2015, a true and correct copy of the
above and foregoing document was served on the following by united states mail.
District Attorney
119
TH District Court Tom Green County
124 W. Beauregard
San Angelo, Texas 76903
Is/Nathan Butler
Nathan Butler
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STATE OF TEXAS §
§
COUNTY OF Tom Green §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Nathan Butler, who after being duly sworn stated:
"I am the attorney for the appellant in the above numbered and
entitled cause. I have read the foregoing Appellant's Motion To
Extend Time to File Appellant's Brief and swear that all of the
allegations of fact contained therein are true and correct."
Nathan Butler
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on November 10,
2015, to certify which witness my hand and seal of office.
Notary Public, State of Texas
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