Darrian Dewayne Johnson, Jr. v. State ( 2015 )

ACCEPTED
12-15-00099-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
7/7/2015 4:21:29 PM
CATHY LUSK
CLERK
NO. 12-15-00099
JOHNSON, DARRIAN DEWAYNE, § IN THE COURT OF APPEALS
JR. FILED IN
§ 12th COURT OF APPEALS
vs. § TYLER, TEXAS
12TH JUDICIAL DISTRICT
§ 7/7/2015 4:21:29 PM
STATE OF TEXAS § STATE OF TEXAS CATHY S. LUSK
Clerk
1ST MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the Appellant in the above styled and numbered cause, and files this Motion
for Extension of time to File Appellant Brief and in support thereof would show this court the
following:
1. This case is on appeal from the 2nd Judicial District Court of Cherokee County,
Texas.
2. The case below was styled State of Texas vs. Darrian Dewayne Johnson, Jr. and was
numbered 18851.
3 The Defendant pled Not True to allegations of a Motion to Adjudicate and hearing
was held before the Court on the underlying charge of Possession of a Controlled
Substance in Penalty Group 1 of less than 1 gram. Upon hearing thereof, the Court
found the allegations in the Motion to Adjudicate to be True and sentenced the
Defendant to confinement in the Texas Department of Criminal Justice, State Jail
Division on January 8, 2015 for a term of two (2) years with costs and 150 days jail
credit.
4. Notice of Appeal was filed pro se on January 20, 2015.
5. Both the Clerk’s Record and the Reporter’s Records have been previously filed with
the Court.
6. It is counsel’s understanding that the Appellant’s Brief was due 30 days after the
filing of the record; however, counsel has been advised by his internet provider that
counsel’s computer has been hacked and his e-mail account was usurped. Counsel’s
provider advised that his account was used to forward @2000+ e-mails on a daily
basis and from several “foreign IPs.” Accordingly, the provider suspended counsel’s
account and notified him of this action. Upon receipt of the notice, counsel contacted
his provider and advised them that this was an unauthorized action. At the direction
of the provider, counsel has now had his computer “cleaned” and “updated” and his
account has been re-activated. Because of this suspension, counsel did not receive
many of the e-mails sent him, including the reporter’s record and the notice of its
filing. Counsel has spoken with the reporter and she has indicated that the district
clerk will forward a copy to him since, in the meantime the reporter’s computer has
“crashed” and she has lost the record. The district Clerk has indicated that she will
forward the record. Because of the above, counsel has not been able to properly
research and prepare a brief on behalf of Appellant.
7. Counsel request that en extension of 32 days be granted until August 9, 2015 for the
filing of Appellant’s Brief.
8. This request is not sought merely for delay, but rather that justice may be had. This
delay will not occasion any undue delay in the progression of this case.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court GRANT this
request and extend the date for filing of Appellant’s brief until Monday, August 9, 2015.
Respectfully submitted,
Law Office of Forrest K. Phifer Forrest K. Phifer
P.O. Box 829 SBOT # 15908570
Rusk, Texas 75785-0829 Attorney for Appellant
Tel: (903) 683-9592
By: /S/ Forrest K. Phifer
CERTIFICATE OF CONFERENCE
By the signature above, I hereby certify that I have conferenced with the prosecutor in this
case and she has indicated that she has NO OBJECTIONS to the merits of this request.
By: /S/ Forrest K. Phifer
CERTIFICATE OF SERVICE
This is to certify that on July 7, 2015, a true and correct copy of the above and foregoing
document was served on the District Attorney's Office, Cherokee County, 135 S. Main, Rusk, Texas
75785, by electronic delivery in accordance with the Texas Rules of Appellate Procedure.
By: /S/ Forrest K. Phifer