Mark Anthony Young v. State ( 2014 )

ACCEPTED
06-14-00086-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/29/2014 10:29:26 PM
DEBBIE AUTREY
CLERK
NO. 06-14-00086-CR
FILED IN
6th COURT OF APPEALS
STATE OF TEXAS § IN THE TEXARKANA, TEXAS
§ 12/29/2014 10:29:26 PM
VS. § 6th COURT DEBBIE AUTREY
§ Clerk
MARK ANTHONY YOUNG § OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF 3RD
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Mark Anthony Young, 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 354th Judicial District Court of Hunt
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Mark Anthony
Young, and numbered 29,236.
3. Appellant was convicted of Aggravated Robbery.
4. Appellant was assessed a sentence of Fifty (50) Years on May 1, 2014.
5. Notice of appeal was given on May 2, 2014.
6. The clerk's record was filed on August 14, 2014; the reporter's record
was filed on October 2, 2014.
7. The appellate brief is presently due on December 29, 2014.
8. Appellant requests an extension of time of 14 days from the present
date.
9. Two previous extensions to file the brief have been received in this
cause.
10. Defendant is currently incarcerated.
11. Appellant relies on the following facts as good cause for the requested
extension:
Appellant’s attorney has worked to timely complete the brief, however during
the drafting process on December 28, 2014 a close family member unexpectedly and
suddenly passed away. Counsel has been working since the morning of December
28, 2014 assisting the family with necessary arrangements. At this time Counsel
has not confirmed the funeral date.
Additionally Jason A. Duff has begun a review the several volumes in the
reporters record as well as the clerks record the record; but, Appellant’s counsel
requests additional time to sufficiently develop the arguments material to the brief.
Additionally, Counsel was on vacation from the afternoon of December 24,
2014 through December 28, 2014.
Counsel is also appointed in:
Garza v. State Appellate Cause numbers 06-14-00088-CR through
06-14-00093, and filed multiple briefs relating to that case December 22, 2014,
Counsel is appointed in Semaj Milan Yrnah Smith v. State, Appellate Cause
No. 06-14-00158-CR and filed a brief on December 23, 2014,
Willie Frank Jackson v. State Appellate Cause numbers 06-14-00097-CR
with a brief due December 29, 2014.
Donny Joe Curry v. State Appellate Cause numbers 06-14-00139-CR thru
06-14-00142-CR with a brief due December 29, 2014.
Bennett v. State Cause number 06-14-00050-CR where Appellant’s attorney
filed a brief on November 17, 2014 and is awaiting Appellee’s brief,
AND
Grubbs v. State Appellate Cause numbers 06-14-00116-CR &
06-14-00117-CR and is awaiting the Reporter’s record.
Appellant counsel’s represented his client at trial in Cause No. CC1400383
Jim Lee Odom v. Troy Morrison in County Court at Law No. 2 of Hunt County
Texas on December 16, 2014
Then counsel participated settlement conferences in Cause No. 80,433 ITIO
of L.W. and Cause No. 80219, ITIO M.S. E.S and B.M. on December 2, 2014. After
the parties failed to reach a settlement in Cause No. 80219, ITIO M.S. E.S and B.M.
on December 2, 2014, the trial court ordered the parties back to another conference
on December 23, 2014.
Counsel prepared for and represented his clients in an Adversarial
hearings in Hunt County Child Protection Court for Northeast Texas #2 on
December 3, 2014 in Cause No. 81,304 In the Interest of TH & Z.H., Children, as
well as a Final Hearing in Cause No. 80,139 In the Interest of D.B., a Child in the
196th Judicial District among several others.
Counsel prepared for and represented his clients in an Adversarial hearing in
Cause No. 81,304 In the Interest of T.H. &Z.H., Children on December 18, 2014.
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,
Jason A. Duff
2615 Lee St
Greenville, TX 75403
Tel: 903.455.1991
Fax:903.455.1417
By: /s/ Jason A. Duff
Jason A. Duff
State Bar No. 24059696
jasonaduff@hotmail.com
Attorney for Mark Anthony Young
CERTIFICATE OF SERVICE
This is to certify that on December 29, 2014, a true and correct copy of the
above and foregoing document was served on the District Attorney's Office, Hunt
County, electronic filing service.
/s/ Jason A. Duff
Jason A. Duff