Rebecca Fayelayne Nelson v. State ( 2015 )

ACCEPTED
04-15-00390-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/4/2015 5:29:36 PM
KEITH HOTTLE
CLERK
FILED IN
NO. 04-15-00390-CR 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
11/04/15 5:29:36 PM
STATE OF TEXAS § INTHE
KEITH E. HOTTLE
§ Clerk
vs. § FOURTH COURT
§
REBECCA FAYELA YNE § OF APPEALS
NELSON §
SECOND MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Rebecca Fayelayne Nelson, Appellant in the above styled and
numbered cause, and moves this Court to grant a second 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 216th Judicial District Court of Kerr
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Rebecca
Fayelayne Nelson, and numbered 5543.
3. Appellant was convicted of Driving While Intoxicated (Child
Passenger).
4. Appellant was assessed a sentence of 2 years State Jail, probated for 2
years on June 11 , 2015.
5. Notice of appeal was given on June 25, 2015.
6. The clerk's record was filed on September 9, 2015; part of the
reporter's record was initially filed on July 30, 2015 , and the last part of the
reporter's supplemental record was recently filed on August 31, 201.
7. Appellant's brief was originally due on October 9, 2015. Appellant
had requested and received an extension of 55 days from the original due date. As
such, Appellant's brief presently due on December 2, 2015.
8. Appellant requests a second extension of time of 30 days from the
present appellate brief due date of December 2, 2015, or 58 days from the date of
this motion (i.e. January 2, 2015).
9. This is Appellant's second request for an extension of time in which
to file Appellant's brief, and only one other request and/or motion to extend time to
file the Appellant's brief has been requested and received in the above styled and
numbered cause. In the event that this Honorable Court would grant this second
request for an extension of time in which to file Appellant's brief, it would amount
in a total extension requested and received of eighty-five (85) days from the
original due date of Appellant's brief, which was October 9, 2015.
10. As undersigned counsel I have spoken to John Hoover, Assistant
District Attorney for the 216th District Attorney's Office, this date and he does not
have an objection too Appellant's Second Motion to Extend Time to File
Appellant's Brief.
11. Defendant is currently free on bond.
12. Appellant relies on the additional following facts as good cause for
the requested extension:
As undersigned counsel I have numerous court settings and a mediation
scheduled for the month of November 2015, along with the upcoming
Thanksgiving holiday, and trial preparation for a jury trial scheduled to begin on
Tuesday, December 8, 2015, which will make it difficult to thoroughly review the
clerk's and court reporter's records and complete Appellant's brief on or before
December 2, 2015. Further, I presently have scheduled depositions on a current
civil case on December 1, 2015, and I am scheduled to be out of town beginning
on the afternoon of Wednesday, December 2, 2015, through Saturday, December
5, 2015, attending a seminar and board meeting for the Texas Criminal Defense
Lawyers Association (TCDLA). I am currently a member of the board of
directors for Texas Criminal Defense Lawyers Educational Institute (TCDLEI),
and on the Criminal Defense Lawyers Project (CDLP) and Nominations committee
for TCDLA, which requires my attendance at said committee meetings scheduled
for Saturday, December 5, 2015. Further, upon returning from said board and
committee meetings I have a jury trial scheduled to begin in the 452nct District
Court, McCulloch County, Texas, on Tuesday, December 8, 2105, which is
expected to last through most of Thursday and/or Friday of that week. Upon
completion of said jury trial, I have multiple court settings the following week, and
I am scheduled to be out of town on vacation from Friday, December 18, 2015,
through Monday, December 21, 2015. Therefore, due to these numerous upcoming
court and docket settings, my currently scheduled obligations and jury trial, for the
months of November and December 2015, I do not believe that I will have
sufficient time to review all portions of the court reporter's and clerk's record, and
prepare and complete Appellant's brief to be submitted and filed in the above
styled and numbered cause, on or before December 2, 2015. I am currently
making this request for an additional extension of time, out of an abundance of
caution, because of the foregoing circumstances, such that I can have adequate
time to complete and file Appellant's brief in the above styled and numbered
cause.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Honorable Court grant this Second Motion Too Extend Time to File Appellant's
Brief, and for such other and further relief as the Court may deem appropriate.
Respectfully submitted,
Law Offices of Jesko & Steadman
612 Earl Garrett
Kerrville, Texas 78028
Tel: (830) 257-5005
Fax: (830) 896-1563
By:_e____
Clay B. Steadman
State Bar No. 00785038
j esksted@ktc.com
Attorney for Rebecca Fayelayne Nelson
CERTIFICATE OF SERVICE
This is to certify that on November 4, 2015, a true and correct copy of the
above and foregoing document was served on the 216 1h District Attorney's Office,
200 Earl Garrett Street, Suite #202, Kerrville, Texas 78028, by fax to (830)
896-2620.
Clay B. Steadman
STATE OF TEXAS §
§
COUNTY OF KERR §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Clay B. Steadman, who after being duly sworn stated:
"I am the attorney for the appellant in the above numbered and
entitled cause. I have read the foregoing Second Motion to Extend
Time to File Appellant's Brief and swear that all of the allegations of
fact contained therein are true and correct to the best of my
knowledge."
Clay B. Steadman
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on November 4, 2015,