Samuel Lancaster, IV v. State ( 2015 )

ACCEPTED
12-15-00166-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
9/30/2015 1:53:25 PM
Pam Estes
CLERK
NO. 12-15-00166-CR
ON APPEAL FROM THE 217th JUDICIAL DISTRICT COURTFILED IN
ANGELINA COUNTY, TEXAS 12th COURT OF APPEALS
TYLER, TEXAS
CAUSE NO. 2014-0496 9/30/2015 1:53:25 PM
PAM ESTES
TH Clerk
SAMUEL LANCASTER IV § IN THE 12 COURT OF APPEALS
§
§ OF
vs. §
RECEIVED IN
§ 12th COURT OF APPEALS
STATE OF TEXAS § TYLER, TEXAS TYLER, TEXAS
9/30/2015 1:53:25 PM
PAM ESTES
Clerk
SECOND MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Samuel Lancaster IV, 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 217th District Court of Angelina
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Samuel
Lancaster IV, and numbered 2014-0496. Appellant was convicted of Evading Arrest
in Count I and Possession of Marijuana in Count II.
4. Appellant was assessed a sentence of Eight (8) years in Texas
Department of Criminal Justice Institutional Division in Count One and Two (2)
years in Texas Department of Criminal Justice Institutional Division in Count Two
on May 15, 2015.
5. Notice of appeal was given on June 10, 2015.
6. The clerk's record was filed on July 28, 2015 and a supplemental
clerk’s record was filed on August 6, 2015; the reporter's record was filed on July
15, 2015.
7. The appellate brief was presently due on September 28, 2015.
8. Appellant requests an extension of time of thirty (30) days from the
current due date.
9. One extension to file the brief has been received in this cause.
10. Defendant is currently incarcerated.
11. Appellant relies on the following facts as good cause for the requested
extension:
After a series of health issues, counsel was briefly hospitalized. Counsel has
returned to work and has been able to review the records but will need additional
time to finish writing the brief.
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:
/s/John D. Reeves
____________________
John D. Reeves
Attorney at Law
1007 Grant
Lufkin, Texas 75901
Phone (936) 632-160
Fax: (936) 632-1640
tessabellus@yahoo.com
SBOT # 16723000
Counsel for Appellant
CERTIFICATE OF CONFERENCE
Pursuant to Tex. R. App. 10.1 (5), certify that I, the undersigned conferred
with opposing counsel who is not opposed to an extension.
/s/John D. Reeves
___________________________
John D. Reeves
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing Appellant’s
Motion to Extend Time to file Appellant’s Brief on this 30th day of September,
2015 forwarded to State’s Attorney, April Ayers-Perez, Angelina County, by
electronic service at aperez@angelinacounty.net.
/s/John D. Reeves
__________________________
John D. Reeves
Attorney for Appellant,
Samuel Lancaster IV