Gerald Mac Lowrey v. State

ACCEPTED
06-14-00172-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
2/6/2015 3:42:36 PM
DEBBIE AUTREY
CLERK
NO. 06-14-00172-CR
FILED IN
GERALD MAC LOWREY § IN THE 6th COURT OF APPEALS
TEXARKANA, TEXAS
§ 2/6/2015 3:42:36 PM
VS. § SIXTH COURT DEBBIE AUTREY
§ Clerk
THE STATE OF TEXAS § OF APPEALS
SECOND MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Gerald Mac Lowrey, 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 Sixth Judicial District Court of Lamar
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Gerald Mac
Lowrey, and numbered 25492.
3. Appellant was convicted of Theft of material, aluminum or copper or
bronze or brass, less than $20,000.00.
4. Appellant was assessed a sentence of two (2) years State Jail Division,
TDCJ, probated for five (5) years on August 6, 2014.
5. Notice of appeal was given on August 12,2014.
6. The clerk's record was filed on November 13, 2014; the reporter's
record was filed on December 9, 2014.
7. The appellate brief is presently due on February 9,2015.
8. Appellant requests an extension of time of 10 days from February 9,
2015.
9. One prior extension to file the brief has been received in this cause.
10. Defendant is currently free on bond.
11. Appellant relies on the following facts as good cause for the requested
extension:
Appellant's attorney has had hearings in the following cases on the dates
indicated:
Hearing on Motion for New Trial in a case styled IMM of Dineeka Adkism
and Haral Easter in the Lamar County Court at Law
119/2015
Continuing Legal Education seminar "Nuts and Bolts 1 Writs, and Training
Your Defense Team to Win: in Austin Texas Two day seminar, and two days travel
to and from seminar
1114/2015- 1117/2015
Child Protective Services Docket, and Pretrial hearing in the Lamar County
Court at Law
1/20/2015
Probate Hearing, Estate of Doyle Wilson Hall
112112015
Divorce hearing in case styled IMM Troy Jones and Cheryl Jones in the
Lamar County Court at Law
1122/2015
In the Interest of Hamby Children, in the Lamar County Court at Law
1123/2015
In the Interest ofM.W. and A. W. Children; Jury Trial in the Lamar County
Court at Law.
1130/2015 and 21/22015
Ed Darnell v. Ralph Davis Forcible Entry and Detainer appeal, in the Lamar
Countuy Court at Law
2/512015
The brief is near completion, however there is another issue that appellant's
attorney has discovered on a final review of the record that he needs to research.
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,
Gary L. Waite
104 Lamar Ave.
Paris, Texas 75460
(903) 785-0096
(903) 785-0097
garywaite@sbcglobal.net
Attorney for Gerald Mac Lowrey
CERTIFICATE OF SERVICE
This is to certify that on February 6, 2015, a true and correct copy of the
above and foregoing document was served on the County Attorney's Office, Lamar
County, 119 N. Main, Paris, Texas 75460, by personal delivery.
STATE OF TEXAS §
§
COUNTY OF LAMAR §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Gary L. Waite, 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."
SUBSCRIBED AND SWORN TO BEFORE ME on .;2..~ (p , 2015,
to certify which witness my hand and seal of office.
Notary Pub IC, State of Texas