Bronchea Gerad Walker v. State ( 2015 )

ACCEPTED
06-15-00136-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
11/20/2015 11:34:17 AM
DEBBIE AUTREY
CLERK
No. 06-15-00136-CR
BRONCHEA GERAD WALKER § IN THE SIXTH FILED IN
6th COURT OF APPEALS
§ TEXARKANA, TEXAS
v. § COURT OF11/20/2015
APPEALS 11:34:17 AM
§ DEBBIE AUTREY
Clerk
THE STATE OF TEXAS § TEXARKANA, TEXAS
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLANT’S BRIEF
COMES NOW Bronchea Gerad Walker, Appellant in the above-styled
and numbered cause, and makes and files this Unopposed Motion for an
Extension of Time to file the Appellant’s Brief, and in support thereof shows
the Court as follows:
I.
The trial court imposed sentence on June 25, 2015. The reporter’s
record was filed on September 8, 2015. The clerk’s record was filed on
October 23, 2015. The appellant’s brief is due on November 23, 2015. No
previous extensions have been requested or granted. Appellant requests an
additional 30 days to file the appellant’s brief, extending the deadline until
December 23, 2015.
II.
Appellant needs additional time to file the appellant’s brief because
other trial and appellate matters have prevented counsel from preparing the
brief in this case.
Counsel has recently prepared and filed: (1) an appellant’s brief in the
Fifth Circuit Court of Appeals on November 5, 2015 in cause no. 15-50745,
USA v. Helms; and (2) an appellant’s brief in this Court on November 18,
2015 in cause no. 06-15-00133-CR, Battle v. State.
In addition to the current deadline for the appellant’s brief in this
appeal, counsel has the following upcoming appellate deadlines: (1) answer
to application for postconviction habeas application on November 24, 2015
in trial court cause no. 2011-1921-C2A, Ex parte Felan, in the 54th District
Court of McLennan County in which counsel has been appointed as attorney
pro tem for the State; (2) PDR on November 30, 2015 in the Court of Criminal
Appeals from cause no. 10-14-00107-CR, Reid v. State in the Waco Court of
Appeals; (3) PDR on November 30, 2015 in the Court of Criminal Appeals
from cause no. 10-14-182-CR, Anderson v. State in the Waco Court of
Appeals; (4) oral argument in this Court in cause no. 06-15-00086-CV, In re
Tyndell; (5) PDR on December 7, 2015 in the Court of Criminal Appeals from
Motion for Extension of Time to File Appellant’s Brief Page 2
cause no. 10-14-00268-CR, Smith v. State in the Waco Court of Appeals; and
(6) appellant’s brief on December 14, 2015 in cause no. 07-15-00267-CR,
Fraser v. State, in the Amarillo Court of Appeals.
In addition, counsel is set for jury trial in cause no. 2014-2176-3, In the
Interest of Z.X.W., a Child, in the 74th District Court of McLennan County
on December 14, 2015. This is a parental rights termination case that will take
several days to try.
In addition, counsel has numerous other case settings, hearings and
appellate deadlines in the upcoming weeks.
III.
Appellant’s counsel has conferred with counsel for the State, and the
State DOES NOT oppose this motion.
WHEREFORE, PREMISES CONSIDERED, Appellant requests that the
Court grant a 30-day extension for the filing of the appellant’s brief and such
other and further relief to which he may show himself justly entitled.
Motion for Extension of Time to File Appellant’s Brief Page 3
Respectfully submitted,
/s/ Alan Bennett
E. Alan Bennett
Counsel for Appellant
SBOT #02140700
Sheehy, Lovelace & Mayfield, P.C.
510 N. Valley Mills Dr., Ste. 500
Waco, TX 76710
Telephone: (254) 772-8022
Fax: (254) 772-9297
Email: abennett@slmpc.com
Certificate of Service
The undersigned hereby certifies that a true and correct copy of this
document has been served by email on November 20, 2015 to counsel for the
State, Sterling Harmon, at sterling.harmon@co.mclennan.tx.us.
/s/ Alan Bennett
E. Alan Bennett
Motion for Extension of Time to File Appellant’s Brief Page 4