James Leon Boswell v. State

ACCEPTED
12-15-00196-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
9/19/2016 12:42:05 PM
Pam Estes
CAUSE NO. 12-16-00196-CR CLERK
JAMES BOSWELL § IN THE
§
VS. § TWELFTH COURT
FILED IN
§ 12th COURT OF APPEALS
THE STATE OF TEXAS § OF APPEALS TYLER, TEXAS
9/19/2016 12:42:05 PM
MOTION TO PAM ESTES
Clerk
EXTEND TIME TO FILE
TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT TO APPEAL
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes 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 and
10.5(b)of the Texas Rules of Appellate Procedure, and for good cause shows the
following:
1. This case is on appeal from the 114th Judicial District Court of Smith County,
Texas.
2. The case below was styled State of Texas v. James Boswell and numbered 114-
0952-15.
3. Appellant was convicted of Theft of Property >=$20K<$100K on July 11, 2016.
4. Appellant was assessed a sentence of fifteen (15) years confinement in the Texas
Department of Criminal Justice-Institutional Division.
5. Notice of Appeal was given on July 12, 2016.
6. The Clerk's Record was filed on September 1, 2016; the Reporter's Record was
filed on September 9, 2016.
7. The Appellant’s Trial Court’s Certification of Defendant’s Right to Appeal is due
on September 19, 2016. Counsel requests the Court an extension of twenty (20)
days due to the following reason.
8. Attorney for the Appellant was notified that the Clerk’s Record failed to contain
the Trial Court’s Certification of Defendant’s Right to Appeal from the Twelfth
Court of Appeals. Attorney for the Appellant notified the Appellant who was
being housed at the Gurney Unit in Tennessee Colony, Texas. Attorney for the
Appellant mailed the Trial Court’s Certification of Defendant’s Right to Appeal
on September 6, 2016 along with a pre-paid return stamped envelope. At some
point between September 6, 2016 and September 19, 2016, the Appellant was
moved from the Gurney Unit in Tennessee Colony, Texas to the Choice Moore
Unit in Bonham, Texas. It is believed that the Appellant might not have
received his mail due to the transfer between the TDCJ units. Therefore, his
transfer prevented him from responding in a prompt manner.
9. Appellant requests an extension of time due to the above referenced facts and
circumstances.
10. Appellant prays that this Court grant this Motion to Extend Time to File Trial
Court’s Certification of Defendant’s Right to Appeal for a period of twenty (20)
days, and for such other and further relief as the Court may deem appropriate.
Respectfully submitted,
Law Office of James W. Huggler, Jr.
100 E. Ferguson, Suite 805
Tyler, Texas 75702
Tel: (903) 593-2400
Fax: (903) 593-3830
By: /S/ James W. Huggler, Jr.
James W. Huggler, Jr.
State Bar No. 00795437
Attorney for APPELLANT
CERTIFICATE OF SERVICE
This is to certify that on September 19, 2016, a true and correct copy of the
above and foregoing document was served on Mike West, Smith County District
Attorney's Office, 100 North Broadway Ave., 4th Floor, Smith County Courthouse,
Tyler, Texas 75702, by electronic filing.
/S/ James W. Huggler, Jr.
James W. Huggler, Jr.