Donny Joe Curry v. State ( 2014 )

ACCEPTED
06-14-00139-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/29/2014 3:32:50 PM
DEBBIE AUTREY
CLERK
NOS. 06-14-00139-CR, 06-14-00140-CR,
06-14-00141-CR, & 06-14-00142-CR FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
STATE OF TEXAS § IN THE 12/29/2014 3:32:50 PM
§ DEBBIE AUTREY
VS. § 6th COURT Clerk
§
DONNY JOE CURRY § OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF 2ND
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Donny Joe Curry, 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 County Court at Law Number 1 of Hunt
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Donny Joe
Curry, and numbered CR1301508.
3. Appellant was convicted of Resisting Arrest in CR1301508, with a
Sentence of 275 days confinement and a $250 fine, Failure to Maintain Financial
Responsibility in Cause No CR1301625 with a $250 fine, Failure to Display / No
Motor Vehicle Inspection in Cause No CR1301627 with a fine in the amount of
$250, and Failure to Identify with a fine assessed in the amount of $250 on August 1,
2014.
4. Notice of appeal was given on August 1, 2014, and a Motion for New
Trial and Arrest of Judgment was filed in all causes on August 28, 2014.
5. The clerk's record was filed on October 1, 2014; the reporter's record
was filed on November 3, 2014.
6. The appellate brief is presently due on December 29, 2014.
7. Appellant requests an extension of time of 30 days from the present
date.
8. One extension to file the brief has been received in these causes.
9. Defendant is currently free on bond.
10. Appellant relies on the following facts as good cause for the requested
extension:
Appellant’s attorney, 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,
Young v. State Appellate Cause number 06-14-00086-CR with a brief also due
on December 29, 2014,
Willie Frank Jackson v. State Appellate Cause numbers 06-14-00097-CR &
06-14-00117-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 Donny Joe Curry
CERTIFICATE OF SERVICE
This is to certify that on December 4, 2014, a true and correct copy of the
above and foregoing document was served on the County Attorney's Office, Hunt
County, by electronic service through the Electronic Filing Manager.
/s/ Jason A. Duff
Jason A. Duff