NO. 03-15-00228-CR

In The Court of Appeals

For the Third District

Austin, Texas

____________________________________________

CLIFTON CREWS HOYT,

 Appellant

versus

STATE OF TEXAS,

 Appellee

_____________________________________________

On Appeal From A DWI Conviction Obtained in 

the 391ST Judicial District Court, TOM GREEN County, 

MARCH 17, 2015, No. D-13-0316-SB, Honorable

TOM GOSSETT, Judge Presiding

_____________________________________________

APPELLANT’S UNOPPOSED FIRST MOTION TO EXTEND 

TIME TO FILE APPELLANT’S BRIEF

 By: /s/ John T Floyd

 John Thomas Floyd III

 Texas Bar No. 00790700

 By: /s/ Christopher M. Choate

 Christopher M. Choate

 Texas Bar No. 24045655

 Principal Office

 The Kirby Mansion

 2000 Smith Street

 Houston, TX 77002

 Tel: 713-224-0101

 

 Attorneys for Appellant

ACCEPTED

03-15-00228-CR

6445945

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/11/2015 2:05:07 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/11/2015 2:05:07 PM JEFFREY D. KYLE Clerk
IDENTITY OF PARTIES AND COUNSEL

John T. Floyd III, SBOT No. 00790700, Appellant’s trial counsel, Principal Office, 

The Kirby Mansion, 2000 Smith Street, Houston, Texas 77002, Tel: 713-581-1060.

Christoper M. Choate, SBOT 24045655, Appellant’s trial counsel, Principal 

Office, The Kirby Mansion, 2000 Smith Street, Houston, Texas 77002, Tel. 713-

581-1060.

Richard Villarreal, SBOT 00797602, Assistant District Attorney, Tom Green 

County, 124 West Beauregard, San Angelo, Texas 76903, Tel: 325-659-6583.

Honorable Tom Gossett, Tom Green County, 112 W. Beauregard, San Angelo, 

Texas. 76903, Tel: 325-659-6569.
TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellant, Clifton Crews 

Hoyt, files this Unopposed First Motion to Extend Time to File Appellant’s Brief.

Appellant’s initial brief is currently due on August 14, 2015.

Undersigned counsel requests a 30-day extension of time to file their initial 

brief, making the brief due date on September 14, 2015. This is the first request for 

extension of time to file the opening brief.

The issues in this case, though not complex, require additional time to 

prepare a cogent brief. In addition, Counsel’s other court obligations, including 

settings for trial and motions to suppress, have detracted from Appellant’s case.

Assistant District Attorney Richard Villarreal, counsel for the State, has 

indicated to undersigned counsel that the State of Texas is unopposed to this 

motion.

All facts recited in this motion are within the personal knowledge of the 

counsel signing this motion, and therefore no verification is necessary under Texas 

Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellant requests that this Court grant this 

Unopposed First Motion to Extend Time to File Appellant’s Brief and extend the 
deadline for filing the Appellant’s Brief up to and including September 15, 2015. 

Appellant requests all other relief to which he may he may be entitled.

This 11th day of August, 2015.

 Respectfully submitted,

 By: /s/ John T Floyd

 John Thomas Floyd III

 Texas Bar No. 00790700

 By: /s/ Christopher M. Choate

 Christopher M. Choate

 Texas Bar No. 24045655

 Principal Office

 The Kirby Mansion

 2000 Smith Street

 Houston, TX 77002

 Tel: 713-224-0101

 

 Attorney for Defendant

CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(5), we certify that the undersigned 

conferred with opposing counsel who indicated that he does not oppose this 

motion.

/s/ John T Floyd

/s/ Christopher M. Choate
CERTIFICATE OF SERVICE

I certify that, on August 11, 2015, I served a copy of this motion by First Class, 

United States mail, facsimile, or any other valid method of service on the 

following:

Richard Villarreal

Assistant District Attorney

Tom Green County, Texas

124 W. Beauregard, Suite B

San Angelo, Texas 76903

Tel: 325-659-6584

Fax: 325-658-6831

Richard.Villarreal@co.tom-green.tx.us

/s/ John T Floyd

/s/ Christopher M. Choate
NO. NO. 03-15-00228-CR

In The Court of Appeals

For the Third District

Austin, Texas

____________________________________________

CLIFTON CREWS HOYT,

 Appellant

versus

STATE OF TEXAS,

 Appellee

ORDER ON APPELLANT’S FIRST UNOPPOSED MOTION TO EXTEND

TIME TO FILE APPELLANT’S BRIEF

The above and foregoing Appellant’s First Unopposed Motion to Extend Time to 

File Appellant’s Brief, having been duly considered by the Court, it is hereby 

ordered that the Motion be and hereby is GRANTED.

Appellant’s Brief is due to be filed on 

_______________________________.

SIGNED on this the ____ day of ____________________, 2015.

______________________________

JUDGE PRESIDING