Joseph John Grubbs v. State ( 2015 )

ACCEPTED
06-14-00116-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
4/13/2015 11:53:30 PM
DEBBIE AUTREY
CLERK
NO. 06-14-00116-CR & 06-14-00117-CR
FILED IN
6th COURT OF APPEALS
JOSEPH JOHN GRUBBS § IN THE TEXARKANA, TEXAS
§ 4/13/2015 11:53:30 PM
VS. § 6TH COURT DEBBIE AUTREY
§ Clerk
STATE OF TEXAS § OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF, SECOND
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Joseph John Grubbs, Appellant in the above styled and numbered
cause, and moves this Court to grant an 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 354th Judicial District Court of HUNT
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Joseph John
Grubbs, and numbered 29,417 & 29,725.
3. Appellant was convicted of Unlawful Possession by a Felon in 29,417
and Fraudulent Use/Possession of Identifying Information # Items < 5 in 29,725.
4. Appellant was assessed a sentence of 25 years in 29,417 and 5 years in
29,725 on July 3, 2014.
5. Notice of appeal was given on July 8, 2014.
6. The clerk's record was filed on November 10, 2014; the reporter's
record was filed on February 11, 2014.
7. The appellate brief is presently due on April13, 2015.
8. Appellant requests an extension of time of 30 days from the present
date.
9. One extension to file the brief has been received in this cause.
10. Defendant is currently incarcerated.
11. Appellant relies on the following facts as good cause for the requested
extension:
Appellant’s attorney, Jason A. Duff has begun a review the several volumes
and exhibits contained in the reporter’s record and the clerk’s record the record of
each case; however, Appellant’s counsel requests additional time to sufficiently
develop the arguments material to the brief.
Counsel is set for special setting for Final Trial in Cause No 80,219, In the
Interest of M.S., E.S. & B.M., Children in the 196th District Court; Hunt County
Child Protection Court for Northeast Texas #2 on April 17 & 20, 2015.
Then Counsel is set for special setting for Final Trial in Cause Nos. 80,884 &
81,156, In the Interest of F., L., & N., Children in the 196th District Court; Hunt
County Child Protection Court for Northeast Texas #2 on April 21 & 22, 2015.
Counsel is appointed on In the Interest of J.S. Appellate Cause No.
12-15-00053-CV, an accelerated appeal, and is working review the record from a
four day jury trial and to timely file a brief on April 22, 2015 in that case.
Counsel is appointed on In the Interest of E.W. Appellate Cause No.
6-15-00018-CV, an accelerated appeal, and is working review the record from the
trial and motion for new trial record to timely file a brief on April 22, 2015 in that
case.
Counsel is also appointed in:
Mark Eugene Engle v. State Appellate Cause number 06-14-00239-CR.
Charles Francis Williams v. State Appellate Cause numbers 06-15-00030-CR
& 06-15-00031-CR.
Shanna Delaine Gluck v. State Appellate Cause number 06-15-00048-CR.
Counsel prepared for and represented his clients in an Adversarial hearings
in Hunt County Child Protection Court for Northeast Texas #2 on April 10, 2015 in
several separate cases.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court grant this Motion To Extend Time to File Appellant's Brief, and for such other
and further relief as the Court may deem appropriate.
Respectfully submitted,
JASON A DUFF
2615 Lee St.
Greenville, TX 75403
Tel:903.455.1991
Fax:903.455.1417
By: /s/ Jason A. Duff
Jason A. Duff
State Bar No. 24059696
jasonaduff@hotmail.com
Attorney for Joseph John Grubbs
CERTIFICATE OF SERVICE
This is to certify that on April 13, 2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Hunt County,
by electronic filing service.
/s/ Jason A. Duff
Jason A. Duff