Timothy Tanner Viator v. State ( 2015 )

ACCEPTED S I OZ-6Z-60 12-15-00018-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 9/29/2015 4:28:07 PM Pam Estes CLERK RECEIVED IN 12th COURT OF APPEALS TYLER, TEXAS 9/29/2015 4:28:07 PM PAM ESTES Clerk CAUSE NUMBER 12-15-00018-CR TIMOTHY TANNER VIATOR IN THE FILED IN VS. 12th COURT TWELFTH JUDICIAL OF APPEALS DISTRICT TYLER, TEXAS THE STATE OF TEXAS COURT OF 9/29/2015 4:28:07 PM APPEALS PAM ESTES Clerk APPELLANT'S MOTION FOR LEAVE TO FILE LATE BRIEF TO THE HONORABLE JUDGES OF SAID COURT: COMES NOW Appellant Timothy Tanner Viator, by and through Colin D. McFall, Attorney of Record in the above numbered and styled cause, and for good cause moves the instant Court grant Appellant's Motion for Leave to File Late Brief. In support of said motion, Appellant would respectfully show this Honorable Court the following: I. Pursuant to Rule 10.5(b) (1) (A), Texas Rules of Appellate Procedure, Appellant's Brief was due on or before the 21st day of September 2015. II. Pursuant to Rule 10.5(b) (1) (B), Texas Rules of Appellate Procedure, Appellant respectfully request a fourteen (14) day extension of time to file Appellant's Brief If granted, Appellant's Brief would be due on the 5th day of October 2015. S I OZ-6Z-60 III. Pursuant to Rule 10.5(b) (1) (C), Texas Rules of Appellate Procedure, Counsel relies on the following facts to reasonably explain the need for the requested extension: Counsel is engaged in the multijurisdictional private practice of law. Counsel engages in the practice of family law, juvenile law, criminal defense and quasi criminal proceedings. Counsel operates two offices in the East Texas area. Counsel submits his work load is high. Counsel needs the requested extension of time to effectively represent Appellant. Appellant is entitled to the effective representation of Counsel. IV. Pursuant to Rule 10.5(b) (1) (D), Texas Rules of Appellate Procedure, this is Appellant's first Motion for Leave to File Late Brief. V. Pursuant to Rule 10.1(5), Texas Rules of Appellate Procedure, Counsel was not able to consult with opposing counsel, to confirm the instant motion is unopposed. VI. WHEREFORE, PREMISES CONSIDERED, Appellant Timothy Tanner Viator, prays the Court grant Appellant's Motion for Leave to File Late Brief, and grant Counsel an additional fourteen (14) days to file Appellant's Brief RESPECTFULLY SUBMITTED, 7 513 North Church Street Palestine, Texas 75801-2962 COLIN D. Telephone: 903-723-1923 Attorney at Law Facsimile: 903-723-0269 Texas Bar Number: 24027498 Email: cmcfall@mcfall-law-office.com S 10Z-6Z-60 CERTIFICATE OF SERVICE I, Colin D. McFall, Attorney of Record for the above styled Appellant, hereby certify service of a true and correct copy of the above and foregoing document upon Anderson County Assistant Criminal District Attorney, Scott Holden, at sholden@co.anderson.tx.us, by email transmission, on the 29th day of September 2015. RESPECTFULLY SUBMITTED, 513 North Church Street Palestine, Texas 75801-2962 COLIN D. MCFALL Telephone: 903-723-1923 Attorney at Law Facsimile: 903-723-0269 Texas Bar Number: 24027498 Email: cmcfall@mcfall-law-office.com S I OZ-6Z-60 CAUSE NUMBER 12-15-00018-CR TIMOTHY TANNER VIATOR IN THE Vs. TWELFTH JUDICIAL DISTRICT THE STATE OF TEXAS COURT OF APPEALS AFFIDAVIT BEFORE ME, the undersigned notary, on this day, personally appeared Colin D. McFall, a person whose identity is known to me. After I administered an oath to Colin D. McFall, upon his oath, he said: "My name is Colin D. McFall. I am over eighteen (18) years of age, of sound mind and capable of making this Affidavit. I am the Attorney of Record for Timothy Tanner Viator, in the above numbered and styled cause. I have read the Appellant's Motion for Leave to File Late Brief and swear the facts relied on are within my personal knowledge. 4-3 COLIN D. MC • LL SWORN to and SUBSCRIBED before me by Colin D. McFall on the 29th day of September 2015. 1E11``4,,, FALLON ASHLEY PIERCE I Notary Public, State of Tex.cs otary Public i d for the State of Texas ‘;;;.• • • •44Te My Commission Expires August 01, 2018 ...... 1 My commission expires: