Brandon Paul Couch v. State ( 2015 )

ACCEPTED
12-15-00078-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
7/1/2015 1:54:15 PM
CATHY LUSK
CLERK
NO. 12-15-00078-CR
STATE OF TEXAS § IN THE FILED IN
12th COURT OF APPEALS
§ TYLER, TEXAS
VS. § 12TH COURT 7/1/2015 1:54:15 PM
§ CATHY S. LUSK
BRANDON PAUL COUCH § OF APPEALS Clerk
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Brandon Paul Couch, Appellant in the above styled and
numbered cause, and moves this Court to grant this Motion to Extend Time to File
Appellant’s Brief and for good cause shows the following:
1. This case is on appeal from the 354th Judicial District Court of Rains
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. BRANDON
PAUL COUCH, and numbered 5354.
3. Appellant was convicted of Murder.
4. Appellant was assessed a sentence of forty years on March 26, 2015.
5. Notice of appeal was given on March 26, 2015.
6. The reporter's record was filed on May 25, 2014.
7. Appellant’s Brief was due on June 24, 2014.
9. Appellant’s attorney on appeal did not calendar the due date for
Appellant’s brief due to a misunderstanding regarding the Court’s notification
procedure.
10. Appellant’s attorney on appeal assumed in error that this Court would
send notification of the due date for Appellant’s brief based on the customary
practice of other courts of appeal in which he has practiced.
11. Appellant’s attorney on appeal should have calculated, on his own, the
due date based on the filing of the Reporter’s Record and the Clerk’s Record
instead of waiting on the Court to notify him of the due date.
12. The error on the part of Appellant’s attorney was unintentional and
not due to a conscious disregard for the deadline or for the purposes of delay, but
instead because of not being familiar with the Court’s internal procedures.
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,
Martin Braddy Attorney at Law
121 Oak Avenue
Suite A
Sulphur Springs, Texas 75482
Tel: (903) 885-2040
Fax: (903) 500-2704
By: /s/ Martin Braddy
Martin Braddy
State Bar No. 00796240
martin.braddy@verizon.net
Attorney for Brandon Couch
CERTIFICATE OF SERVICE
This is to certify that on July 1, 2015, a true and correct copy of the above
and foregoing document was served on the County Attorney's Office, Rains
County, Texas.
/s/ Martin Braddy
Martin Braddy