Juan Carlos Garcia v. State ( 2018 )

ACCEPTED 06-18-00008-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 3/13/2018 2:29 PM DEBBIE AUTREY CLERK No. 06-18-00008-CR IN THE COURT OF APPEALS FILED IN FOR THE SIXTH COURT OF APPEALS 6th COURT OF APPEALS TEXARKANA, TEXAS ATTEXARKANA,TEXA S 3/13/2018 2:29:31 PM DEBBIE AUTREY Clerk JUAN CARLOS GARCIA APPELLANT, V. THE STATE OF TEXAS On Appeal from the 276TH District Court, Camp County, Texas NO. CF16-01679, the Honorable Robert M. Rolston, Presiding MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: NOW COMES, Juan Carlos Garcia, 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 276th District Court of Camp County, Texas. 2. The case below was styled THE STATE OF TEXAS vs. JUAN CARLOS GARCIA, and numbered CF16-01679. 3. Appellant was convicted of Aggravated Assault of a Disabled Individual. MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF Page 1 of 3 4. Appellant was assessed a sentence of 60 years confinement in the Institutional Division of the Texas Department of Criminal Justice and is currently incarcerated. 5. Notice of appeal was given on January 2, 2018. 6. The clerk's record was filed on January 29, 2018; the reporter's record was filed on February 22, 2018. 7. The appellant's brief is presently due on March 26, 2018 . 8. Appellant requests an extension of time to April 25, 2018. 9. This is appellant's first motion to extend time to file his brief. 10. Appellant relies on the following facts as good cause for the requested extension: (a) Appellant's attorney has a pre-paid vacation scheduled from March 15 through March 27, 2018 . Said vacation entails travel outside the United States and was scheduled before his engagement in the appeal. 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. MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF Page 2 of 3 Respectfully submitted, Isl Robert M. Burns Robert M. Burns Law Office of Robert M. Burns, PC SBN: 03452200 1720 Regal Row, Suite 200 Dallas, TX 75235 TEL: (214) 634-0771 FAX: (214) 634- 0465 rburns@legalmeasures.com CERTIFICATE OF CONFERENCE On the March 12, 2018 the undersigned spoke with David Colley, District Attorney of Camp County via telephone regarding the motion to extend time to file the appellant's brief. He has indicated that he has no opposition to the court granting said motion to the date requested. Isl Robert M. Bums Robert M. Burns CERTIFCATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been served upon the District Attorney's office of Camp County and David Colley via the e-file system. Isl Robert M. Burns Robert M. Burns MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF Page 3 of 3