Brian Darnell Johnson v. State ( 2015 )

ACCEPTED 01-15-00101-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 5/13/2015 10:18:25 PM CHRISTOPHER PRINE CLERK No. 01-15-00101-CR In the FILED IN 1st COURT OF APPEALS Court of Appeals HOUSTON, TEXAS For the 5/13/2015 10:18:25 PM First District of Texas CHRISTOPHER A. PRINE At Houston Clerk ⎯⎯⎯⎯⎯♦⎯⎯⎯⎯⎯ No. 13-CR-3057 In the 405th District Court of Of Galveston County, Texas ⎯⎯⎯⎯⎯♦⎯⎯⎯⎯⎯ BRIAN DARNELL JOHNSON Appellant v. THE STATE OF TEXAS Appellee ⎯⎯⎯⎯⎯♦⎯⎯⎯⎯⎯ APPELLANT’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE APPELLANT’S BRIEF ⎯⎯⎯⎯⎯♦⎯⎯⎯⎯⎯ TO THE HONORABLE COURT OF APPEALS OF TEXAS: COMES NOW APPELLANT, by and through his attorney of record on appeal, Kevin Stryker, in accordance with Rules 10.5(b)(1) and 38.6(d) of the Texas Rules of Appellate Procedure, and files this motion for extension of time in which to file the Appellant’s brief in this case, and, in support thereof, presents the following: Page 1 of 4 1. In the 405th District Court of Galveston County, Texas, in cause number 13-CR-3057 Appellant was convicted of Aggravated Assault - Deadly Weapon in The State of Texas v. Brian Darnell Johnson. 2. On January 16, 2015, the trial court sentenced Appellant to forty years’ confinement in the Texas Department of Criminal Justice, Institutional Division (TDCJ), for the offense of Aggravated Assault – Deadly Weapon. 3. Appellant timely filed written notice of appeal on January 16, 2015. 4. Appellant’s brief is due on May 13, 2015. 5. This is Appellant’s first motion for extension of time to file Appellant’s appellate brief on the merits. 6. An extension of time in which to file the Appellant’s brief is requested until at least July 13, 2015. 7. The facts relied upon to explain the need for this extension are: a. The issues on Appellant’s appeal are numerous and complicated. b. The undersigned attorney also continues to fulfill his other responsibilities in representing dozens of defendants in felony and misdemeanor criminal matters. Consequently, the requested extension of time is necessary to permit the undersigned attorney to adequately research, prepare, and file Appellant’s brief in this case. 8. Appellant’s motion for extension of time to file Appellant’s brief is not made for purposes of delay but so that justice may be done. Page 2 of 4 WHEREFORE, Appellant prays that this Court will grant an extension of time until at least July 13, 2015 for the undersigned attorney to complete and file Appellant’s brief in this case. Respectfully submitted, /s/ Kevin Stryker ____________________ KEVIN B. STRYKER Attorney for Brian Johnson SBN: 24037565 2600 South Shore Blvd., Suite 300 League City, Texas 77573 Phone: 409-632-0212 Fax: 1-888-252-3033 Email: Strykerlawfirm@gmail.com CERTIFICATE OF SERVICE This is to certify that a true and accurate copy of the foregoing instrument has been served upon Rebecca Klaren, Assistant District Attorney, Galveston County District Attorney’s Office, at the following e-mail address, through the electronic service system provided by eFile.TXCourts.gov: Rebecca.klaren@co.galveston.tx.us /s/ Kevin Stryker ____________________ KEVIN B. STRYKER Attorney for Brian Johnson SBN: 24037565 2600 South Shore Blvd., Suite 300 League City, Texas 77573 Phone: 409-632-0212 Fax: 1-888-252-3033 Email: Strykerlawfirm@gmail.com Page 3 of 4