Roger Dee Benefield v. State ( 2018 )

ACCEPTED
06-18-00002-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
3/26/2018 12:51 PM
DEBBIE AUTREY
CLERK
NO. 06-18-00002-CR
ROGER DEE BENEFIELD § IN THE COURT OF APPEALS
FILED IN
§ 6th COURT OF APPEALS
VS. § TEXARKANA,
SIXTH JUDICIAL DISTRICT TEXAS
§ 3/26/2018 12:51:57 PM
STATE OF TEXAS § DEBBIE AUTREY
TEXARKANA, TEXAS
Clerk
DEFENDANT’S FIRST MOTION TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE COURT:
COMES NOW ROGER DEE BENEFIELD, Defendant, and moves the Court to extend the
time for filing the Appellant’s Brief in accordance with Rule 10.5 of the Texas Rules of Appellate
Procedure. In support of his motion, Appellant would show the following:
A. Appellant’s brief is due by March 28, 2018.
B. Appellant seeks a thirty-day extension.
C. The undersigned counsel has a Daubert hearing scheduled for tomorrow, March 27, 2018,
at 1:30 p.m. in Larry Short v. Memorial Medical Center et al., CV-00545-15-08 in the 159th
District Court of Angelina County, Texas, approximately two hours away, followed by a
family vacation in San Antonio (parents flew in from New York) until April 1, 2018. The
undersigned counsel filed a response to a petition for review in the Texas Supreme Court,
as requested by the Court, in The Source for PublicData.com, L.P. et al. v. D.K.W., No. 17-
0723, on March 7, 2018. The undersigned counsel had a trial in James Bell v. Wheel &
Performance—Longview, LLC, Cause No. S1-192-17 in the Justice Court of Gregg County,
Texas, Precinct 1, on March 8, 2018.
D. No extensions have previously been granted regarding the Appellant’s brief.
This motion is made not for purposes of delay but so that justice may be done.
Respectfully submitted,
THE LAW OFFICE OF JONATHAN WHARTON
P.O. Box 3585
Longview, TX 75606
Tel. (903) 931-3616
Fax (903) 900-4727
E-mail: jonwhartonlaw@gmail.com
BY: /s/ Jonathan Wharton
JONATHAN WHARTON
STATE BAR NO. 24075764
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing was served on the
District Attorney’s Office of Gregg County, counsel for appellee, on this the ______ 26 day of
March
___________, 2018, by email.
/s/ Jonathan Wharton
JONATHAN WHARTON