Jolly Dee Neely v. State ( 2015 )

ACCEPTED
12-14-00309-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
7/6/2015 2:22:49 PM
CATHY LUSK
CAUSE NO. 12-14-00309-CR CLERK
JOLLY DEE NEELY § IN THE
§
VS. § TWELFTH COURT
FILED IN
§ 12th COURT OF APPEALS
THE STATE OF TEXAS § OF APPEALS TYLER, TEXAS
7/6/2015 2:22:49 PM
MOTION TO CATHY S. LUSK
Clerk
EXTEND TIME TO FILE APPELLANT’S PRO SE BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes 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 7th Judicial District Court of Smith County,
Texas.
2. The case below was styled State of Texas v. Jolly Dee Neely and numbered
007-0479-14.
3. Appellant was convicted of Assault with a Deadly Weapon.
4. Appellant was assessed a sentence of sixty (6) years confinement in the Texas
Department of Criminal Justice-Institutional Division.
5. Notice of Appeal was given on October 27, 2014.
6. The Clerk's Record was filed on December 9, 2014 and supplemented on
December 9, 2014; the Reporter's Record was filed on December 4, 2014.
7. The Appellant’s Brief was filed on April 10, 2015. Appellant’s Pro Se Brief was
due on July 1, 2015. Appellant requests the Court an extension of thirty (30)
days.
8. Appellant requests an extension of time due to the following facts and
circumstances. Appellant is representing himself in this matter. The trial court
bench warranted the Appellant from the Byrd Unit to review the Clerk’s Record
and Reporter’s Record. Due to the length of the records made available by the
trial court, Appellant needs additional time to prepare his pro se brief. The trial
court has released the bench warrant and the Appellant could be released back
to the Byrd Unit at anytime. The Appellant’s personal documents, research and
and paperwork are currently the Byrd Unit and unavailable to him while in
Smith County Jail. Appellant needs time once returned to his unit to continue
his efforts in the preparation of his pro se brief. Appellant is requesting that the
Court grant him an additional thirty (30) days to prepare his brief.
9. Appellant requests an extension of time due to the above referenced facts and
circumstances.
10. Appellant prays that this Court grant this Motion to Extend Time to File
Appellant’s Brief for a period of thirty (30) days, and for such other and further
relief as the Court may deem appropriate.
Respectfully submitted,
Law Office of James W. Huggler, Jr.
100 E. Ferguson, Suite 805
Tyler, Texas 75702
Tel: (903) 593-2400
Fax: (903) 593-3830
By: /S/ James W. Huggler, Jr.
James W. Huggler, Jr.
State Bar No. 00795437
Attorney for APPELLANT
CERTIFICATE OF SERVICE
This is to certify that on July 6, 2015, a true and correct copy of the above and
foregoing document was served on Michael West, Smith County District Attorney's
Office, 100 North Broadway, Tyler, Texas 75702, by regular mail, fax, hand delivery,
or electronic filing.
/S/ James W. Huggler, Jr.
James W. Huggler, Jr.