Cory Don Crosby v. State ( 2017 )

ACCEPTED
06-17-00179-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/4/2017 11:55 AM
DEBBIE AUTREY
CLERK
FILED IN
6th COURT OF APPEALS
NO. 06-17-00179-CR TEXARKANA, TEXAS
12/4/2017 11:55:07 AM
DEBBIE AUTREY
Clerk
IN THE
SIXTH COURT OF APPEALS
FOR THE STATE OF TEXAS
CORY DON CROSBY
Appellant
V.
STATE OF TEXAS
Appellee
APPEAL FROM THE 52ND JUDICIAL DISTRICT COURT OF CORYELL COUNTY, TEXAS
TRIAL COURT CAUSE NUMBER 23730
TRANSFERRED FROM THE TENTH COURT OF APPEALS
APPELLANT’S SECOND MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S BRIEF
LAW OFFICE OF STAN SCHWIEGER
600 Austin Avenue, Suite 12
Waco, Texas 76701
(254) 752-5678
(254) 752-7792—Facsimile
State Bar No. 17880500
E-mail: wacocrimatty@yahoo.com
Cory Don Crosby, Appellant, moves for an extension of thirty days to file
Appellant’s Brief.
I.
Appellant was sentenced to twenty years in the Texas Department of Criminal
Justice, Institutional Division, for the offense of Injury to a Child with Intent to Cause
Bodily Injury.1 Sentencing took place on August 9, 2017.
II.
REQUIRED INFORMATION PURSUANT TO THE RULES OF
APPELLATE PROCEDURE
A. The deadline for filing the brief:2 December 4, 2017.
B. The length of the extension sought:3 Thirty (30) days.
C. The facts relied upon to reasonably explain the need for the extension:4
Appellant’s attorney is a sole practitioner engaged in the practice of criminal
law. Counsel carries a heavy load of existing criminal trial and appellate work.
During the pendency of this Petition, counsel has been set for two felony trials
with allegations of Aggravated Sexual Assault of a Child and other sexual
assaultive allegations and also Felon in Possession of a Weapon. Both cases
are set for trial December 12, 2017. The former has been set to enter a plea of
guilty; the latter is expected to proceed to trial.
1
TEX. PENAL CODE ANN. § 22.02 (West 2014).
2
TEX. R. APP. P. 10.5(b)(1)(A).
3
Id. at (b)(1)(B).
4
Id. at (b)(1)(C).
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 1
In addition, Appellant’s counsel prepared and filed a brief in the Tenth Court
of Appeals on December 4, 2017 of which there were no continuances
remaining. Further, counsel has had several plea, trial and sentencing and other
criminally related matters. This includes the defense of motions to quash
subponea’s related to the Twin Peak’s matter.5
D. Number of previous extensions granted:6 One.
III.
The additional time requested is not sought solely for delay, nor sought
frivolously, but will be of genuine assistance to Appellant’s attorney in preparing
Appellant’s brief.
Appellant prays that the Court grant this Motion and extend the deadline for
filing Appellant’s brief to January 3, 2018, or that this Court grant such additional time
as is just and proper.
5
See Tommy Witherspoon, Judge Quashes DA Subpoena, Shuts down Hearing in Twin
Peaks Shootout Case, WACO TRIBUNE HERALD Nov. 20, 2017(available at https://tinyurl.com/yaol696r).
6
Id. at (b)(1)(D).
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 2
Respectfully submitted,
LAW OFFICE OF STAN SCHWIEGER
/s/ Stan Schwieger
S t a n
Schwieger
600 Austin Avenue, Suite 12
Waco, Texas 76701
(254) 752-5678
(254) 752-7792—Facsimile
State Bar No. 17880500
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
A copy of this Motion was delivered by the electronic filing service of this
Court to Mr. Charles Karakashian, Coryell County District Attorney’s Office, at
ckarakashian@aol.com on December 4, 2017.
/s/ Stan Schwieger
Stan Schwieger
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 3