Calvin Joe McCollum A/K/A Gary Lavern Wymore v. State ( 2015 )

ACCEPTED 01-15-00303-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 7/2/2015 11:42:19 AM CHRISTOPHER PRINE CLERK No. 01-15-00303-CR In the First Court of Appeals, FILED IN 1st COURT OF APPEALS Houston, Texas HOUSTON, TEXAS 7/2/2015 11:42:19 AM CHRISTOPHER A. PRINE Clerk CALVIN MCCOLLUM AKA GARY WYMORE Appellant v. THE STATE OF TEXAS Appellee Appellant’s First Motion for Extension of Time to File Brief Respectfully Submitted by: Joseph Kyle Verret THE LAW OFFICE OF KYLE VERRET, PLLC Counsel for Appellant TBN: 240429432 11200 Broadway, Suite 2743 Pearland, Texas 77584 Phone: 281-764-7071 Fax: 281-764-7071 Submitted: Email: kyle@verretlaw.com July 2, 2015 No. 01-15-00303-CR In the First Court of Appeals, Houston, Texas CALVIN MCCOLLUM AKA GARY WYMORE Appellant v. THE STATE OF TEXAS Appellee Appellant’s First Motion for Extension of Time to File Brief Comes now, Appellant, by and through his undersigned counsel, in the above styled cause and moves this Honorable Court to extend the time for the filing of Appellant's Brief. Per Texas Rule of Appellate Procedure 10.5(b), Appellant provides the following: Current Deadline for Filing: July 3, 2015 Length of Extension Sought: Thirty (30) Days Number of Previous Extensions Granted: None. Basis for Extensions: Appellant's counsel is a solo practitioner with a busy criminal and juvenile defense caseload, which requires regular appearances in court on the part of counsel. In the thirty days since the filing of the reporter’s record in this matter, Appellant counsel has prepared for trial on a third-degree felony kidnapping and second-degree felony robbery case in the Cause number of 14-CR-2251 and Cause number 14-CR-2252 in the 405th Judicial District Court in Galveston County, Texas. Additionally, in the thirty days since the filling of the reporter’s record, Counsel has prepared for an evidentiary hearing on a Motion for New Trial on a capital murder case in Cause number 73841, in the 239th Judicial District Court of Brazoria County held on the 1st day of July, 2015. Also, Counsel was on family vacation for ten days during this 30-day period. All facts recited in this motion are within the personal knowledge of the counsel signing this motion, therefore no verification is necessary under Rule of Appellate Procedure 10.2. PRAYER FOR RELIEF For the reasons set forth above, Appellant requests that this Court grant this Appellant’s First Motion to Extend Time to File Appellant’s Brief and extend the Deadline for Filing the Appellant’s Brief up to and including August 3, 2015. Appellant prays all other relief to which he may be entitled. Respectfully submitted, /s/ Joseph Kyle Verret Joseph Kyle Verret THE LAW OFFICE OF KYLE VERRET, PLLC Counsel for Appellant TBN: 240429432 11200 Broadway, Suite 2743 Pearland, Texas 77584 Phone / Fax: 281-764-7071 Email: kyle@verretlaw.com Certificate of Service I certify that a true and correct copy of the foregoing Appellant's First Motion for Extension of Time to File Brief was served on this 2nd day of July, 2015 on the Counsel for the Appellee, Rebecca Klaren, at the Galveston County Criminal District Attorney’s Office by e-service through electronic filing. /s/ Joseph Kyle Verret Joseph Kyle Verret TBN: 2402932