Leming, James Edward ( 2015 )

r„c™, PD-0072-15
m„DTnc™LDDCA,e '
COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS
AUSTIN TEXAS
July9 2015 Transmitted 7/9/2015 10:14:13AM
Accepted 7/9/2015 10:47:21 AM
ABEL ACOSTA, CLERK IN THE COURT OF CRIMINAL APPEALS ABEL A^°|^
CLERK
JAMES LEMING § APPEALED FROM THE
Appellant COURT OFAPPEALS, 6th DISTRICT
V. § CCA NO. PD-0072-15
CASE NO. 06-13-00264-CR
TRIAL COURT NO. 41799-B
THE STATE OF TEXAS
Appellee § STATE OF TEXAS
THIRD MOTION FOR EXTENSION OF TIME
TO REPLY TO STATE'S BRIEF
TO THE HONORABLE COURT OF APPEALS: /\.
NOW COMES, JAMES LEMING, the Appellant herein, and moves the Court for an
extension of time to file Appellant's Reply to State's Brief in this cause, pursuant to Rules 38.6
and 10.5 (b) of the Texas Rules of Appellate Procedure, and in support thereof would show the
Court as follows:
I.
The Appellant in this cause was convicted in the 124th District Court, Gregg County,
Texas in cause number 41,799-B for the offense of Driving While Intoxicated 3rd or More listed
in penalty group three (3). On October 14, 2013, punishment was assessed at ten (10) years in
the Texas Department of Criminal Justice - Institutional Division.
II.
The State's Brief was filed on May 22, 2015. The Appellant's Response to State's Brief is
due on or about July 9,2015.
III.
The Appellant hereby requests an extension of time to file Appellant's Response to
State's Brief.
The undersigned counsel has been unable to devote sufficient time to the review of the
State's Brief, research and preparation of Appellant's Response to State's Brief for the following
good and sufficient reasons:
This counsel is still under a doctor's care following his doctor's appointments on July 2,
2015 and July 7, 2015.
WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on behalf of
Appellant, respectfully prays that this Honorable Court extend the time for filing Appellant's
Response to State's Brief for an additional five (05) days, to July 14, 2015.
RESPECTFULLY SUBMITTED,
/s/ Clement Dunn
Attorney for Appellant
140 E. Tyler Street, Suite 240
Longview, TX 75601
(903) 753-7071 Fax (903) 753-8783
State Bar # 06249300
CERTIFICATE OF SERVICE
As Attorney of Record for Defendant, I do hereby Certify that a true and correct copy of
the above and foregoing document was this date provided to the Attorney for the State.
Date: 07-9-15
Is/ Clement Dunn
Attorney for Appellant
IN THE COURT OF CRIMINAL APPEALS
JAMES LEMING § APPEALED FROM THE
Appellant COURT OFAPPEALS, 6th DISTRICT
VI. § CCA NO. PD-0072-15
CASE NO. 06-13-00264-CR
TRIAL COURT NO. 41799-B
THE STATE OF TEXAS
Appellee § STATE OF TEXAS
ORDER
BE IT REMEMBERED, that on the day of , 20 , came
on to be considered the above and foregoing Third Motion for Extension of Time to File
Appellant's Response to State's Brief. After consideration of the same, it is the opinion of the
Court that Appellant's Motion be:
( ) GRANTED, and the present cause is hereby extended until
20 .
( ) DENIED, to which ruling the Appellant excepts.
( ) SET FOR HEARING ON THE day of ,20 , at
o'clock .
SIGNED:
JUDGE PRESIDING