Fallon Nicole Wagner v. State ( 2015 )


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  •                                                                                                 ACCEPTED
    01-14-00877-CR
    FIRST COURT OF APPEALS
    HOUSTON, TEXAS
    3/9/2015 8:07:21 PM
    CHRISTOPHER PRINE
    CLERK
    Appeal No. 01-14-00877-CR
    __________________________________
    FILED IN
    1st COURT OF APPEALS
    In the First Court of Appeals               HOUSTON, TEXAS
    __________________________________           3/9/2015 8:07:21 PM
    CHRISTOPHER A. PRINE
    Clerk
    FALLON NICOLE WAGNER, Appellant
    Vs.
    THE STATE OF TEXAS, Appellee.
    __________________________________
    On Appeal from the 149TH Judicial District Court
    of Brazoria County,
    Cause No. 73035.
    __________________________________
    FIRST MOTION FOR EXTENSION OF TIME TO FILE
    THE BRIEF FOR APPELLANT, FALLON NICOLE WAGNER
    To the Honorable Justices of the First Court of Appeals:
    Comes now Appellant, Fallon Nicole Wagner, by and through her attorney of
    record, Cary M. Faden, and moves this Court for an extension of time to file the brief
    for appellant for thirty (30) days, or until April 6, 2015, and would respectfully show
    the Court:
    I.
    In Cause No. 73035, in the 149th Judicial District Court of Brazoria County,
    appellant entered a plea of not guilty, before the jury, to the offense of possession of
    1
    a controlled substance. Tex. Health and Safety Code §481.115. On October 22, 2014,
    the jury assessed her punishment, at eight (8) years of Texas Department Of Criminal
    Justice-Institutional Division. On October 28, 2014, appellant timely filed her written
    notice of appeal.
    II.
    The clerk's record was filed with the Clerk of the Court on December 3, 2014.
    The reporter's record was filed with the Clerk of the Court on February 3, 2015.
    Therefore, the brief for appellant was originally due March 5, 2015. TEX. R. APP.
    P. 38.6(a). This is appellant's first motion for extension of time to file the brief. No
    other extension of time to file the brief for appellant has been requested or granted.
    This extension is not requested for the purpose of delay; but so that justice may be
    done. The length of time requested for this extension is thirty (30) days, or until April
    6, 2015.
    III.
    The facts relied upon to reasonably explain the need for this motion are that
    counsel has been involved in trial; and additional and separate appellate cases and
    preparations, and the review of the voluminous record in this cause, which have
    delayed the briefing schedule on this case. Additionally, appellate counsel has been
    on vacation. Thirty (30) days are required for counsel to complete the research and
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    drafting on the brief for appellant.
    WHEREFORE, PREMISES CONSIDERED, appellant, Fallon Nicole Wagner,
    prays that the Court grant his first motion for extension of time to file the brief and
    extend the time for filing the brief for appellant for thirty (30) days, or until April 6,
    2015.
    Respectfully submitted,
    /s/CARY M. FADEN
    Cary M. Faden
    77 Sugar Creek Center Blvd., Suite 230
    Sugar Land, Texas 77478
    Telephone: (281) 491-6182
    Facsimile: (281) 491-0049
    Texas Bar No. 06768725
    E-MAIL: caryfaden@aol.com
    Attorney for Appellant
    3
    CERTIFICATE OF SERVICE
    In accordance with TEX. R. APP. P. 9.5, I, Cary M. Faden, certify that a true
    and correct copy of the foregoing first motion for extension of time to file the brief
    has been served, by U.S. Mail, upon the attorney of record for the State of Texas, the
    Brazoria County District Attorney, Appellate Division, 111 East Locust Street,
    Room408A, Angleton, Texas 77515, on this the 5th day of March, 2015.
    /s/CARY M. FADEN
    Cary M. Faden
    CERTIFICATE OF COMPLIANCE, T.R.A.P., RULE 9.4(3)
    In accordance with TEX. R. APP. P. 9.4(3), I Cary M. Faden, certify that this
    is a computer generated document and I state that the number of words in this
    document is approximately 582 words. I am relying on the word count of the
    computer program used to prepare this document.
    /s/ CARY M. FADEN
    Cary M. Faden
    4
    

Document Info

Docket Number: 01-14-00877-CR

Filed Date: 3/9/2015

Precedential Status: Precedential

Modified Date: 9/29/2016