Steven Troy Tillery v. State

ACCEPTED
05-17-01147-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
1/30/2018 6:16 PM
LISA MATZ
CLERK
NO. 05-17-01147-CR
FILED IN
5th COURT OF APPEALS
STEVEN TROY TILLERY § IN THE FIFTH DALLAS, TEXAS
§ 1/30/2018 6:16:37 PM
VS. § COURT OF APPEALS, LISA MATZ
Clerk
§
STATE OF TEXAS § DALLAS, TEXAS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Steven Troy Tillery, 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 219th District Court of Collin County,
Texas.
2. The case below was styled the State of Texas vs. Steven Troy Tillery,
and numbered 219-82576-2017.
3. Appellant was convicted of Aggravated Sexual Assault of Child, a
First-Degree Felony, on September 12, 2017.
4. Appellant was assessed a sentence of fifty years (50) in prison.
5. Timely Notice of appeal was given on September 12, 2017.
6. The Clerk's Record was filed on November 11, 2017; the Reporter's
Record was filed a month late on December 27, 2017.
7. Appellant’s Brief was originally due on January 29th, 2018.
8. Appellant requests an extension of time of 30 days from the present
date.
9. Appellant relies on the following facts as good cause for the
requested extension:
When this Court sent out notice of the Reporter’s record being filed on
December 27th, Counsel was out of town for the Christmas holidays and failed to
read the emailed notice. Thus, Counsel failed to calendar the January 29th due
date has completed preparing the Appellate Brief.
Given the nature of this case, the record is extensive and there are many
varied legal issues which must be researched and reviewed.
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,
GIBBS NOLTE ROBISON ROSE, PLLC
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2780 Virginia Parkway, Suite 401
MCKINNEY, TX 75071
Tel: (972) 562-0266
Fax: (972) 569-9278
By: /s/ Mitchell R. Nolte
Mitchell R. Nolte
State Bar No. 00797159
mitch@mckinneylaw.com
Attorney for Steven Troy Tillery
CERTIFICATE OF SERVICE
This is to certify that on January 31, 2018, a true and correct copy of the
above and foregoing document was served on the State of Texas, Collin County
Criminal District Attorney’s Office, by electronic service through the Electronic
Filing Manager.
/s/ Mitchell R. Nolte
Mitchell R. Nolte
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STATE OF TEXAS §
§
COUNTY OF COLLIN §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Mitchell R. Nolte, 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 Motion to Extend Time to
File Appellant's Brief and swear that all of the allegations of fact
contained therein are true and correct."
/s/ Mitchell R. Nolte
Mitchell R. Nolte
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on January 31, 2018, to certify
which witness my hand and seal of office.
/s/ Bobbi N. Johnson
Notary Public, State of Texas
Comm Expires: 6/21/2020
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