PD-1429-14 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/1/2015 5:02:37 PM Accepted 12/2/2015 9:30:04 AM 

### NO. PD-1429-14 v'V' ABELACOSTA CLERK KENNETH WALKER § IN THE § VS. § COURT OF CRIMINAL APPEALS § STATE OF TEXAS § AUSTIN, TEXAS FILED IN COURT OF CRIMINALAPPEALS MOTION TO EXTEND TIME TO FILE December2 2015 BRIEF ON THE MERITS ABELACOSTA, CLERK TO THE HONORABLE JUDGES OF SAID COURT: Now comes KennethWalker, Appellantinthe above styledandnumberedcause, and moves this Court to grant an extension oftime to file a petition for discretionary 

### review, pursuant to Rule 68.2( C) and 10.5(b) of the Texas Rules of Appellate Procedure, and for good cause shows the following: 1. This case is on appeal from the 241st District Court of Smith County,
Texas. 

### 2. The case in the trial court was styled the State of Texas v. Kenneth Walker, and numbered 241-0592-12. 

### 3. The case appealed to the Twelfth Court ofAppeals in Tyler, Texas and assigned number 12-12-00378-CR. The Court of Appeals issued an opinion on September 17, 2014. 4. Appellant was convicted ofInjury to a Child andwas assessed a sentence 

### of twenty-five (25) years in the Texas Department of Criminal Justice

- Institutional Division. 5. Thepetitionfordiscretionaryreview was filed duebyNovember 17, 2014. Th Court granted the petition and the brief on the merits was due November 13, 2015. 6. On November 13, 2015 an extension oftime on the briefon the merits


### was filed and granted. The new date was November 30, 2015. 

### Counselrequests anextensionofone (l) day due tothenumberofbriefcurrentlydue withdeadlines, andthe numberofappellatematters completedsincethe extension


### was granted. Additionally, Counsel was retainedrecently to representMr. Walker in
this matter. 

### Counsel submitted the Appellant's Briefin Steven Moore v. State ofTexas,
cause no. 12-15-00195-CR with no further extensions on November 30, 2015 with the Twelfth Court ofAppeals. 

### 6. Appellant requests an extension oftime due to the following facts and
circumstances. Counsel has been in State Court on the following dates within the last thirty days: 

### A. On November 2, 2015, Counsel was in the 294th Judicial District Court ofVan Zandt County, Texas for trial docket call for State of Texas v. Rodney Morris, cause no. CR13-00459. Mr. Morris was 

### set in the top ten (10) on the docket along with seven (7) other Defendants representedby counsel on that particular day. B. On November 3, 2015, Counsel was in the County Court ofSmith 

### County, Texas for probate docket for In the Estate of Jack T. Welch, cause no. 40894-P. C. On November 4, 2015, Counsel was in the County Court at Law and County Court at Law No. 2 ofSmith County, Texas for trial docket call with various Defendants. 

### D. On November 5, 2015, Counsel was in 8th Judicial District Rains County, Texas for a re-sentencing hearing on Charles Michael Walker, cause no. 5267. 

### E. On November 10, 2015, Counsel participate in the Appellate Delphi Panel Webinar. Counsel is currently sitting as a panel member.

### F. On November 12, 2015, Counsel was in the 294thJudicialDistrict of Van Zandt County, Texas for pre-trial docket call and/or 

### arraignment which he currently represents twenty-three (23) defendants on the docket. Many ofthe Defendants have multiple

cases. G. On November 18, 2015, Counsel was at trial docket call in the County Court at Law with various Defendant's. H. On November 23, 2015, Counselwas at a status hearing regarding competency on State ofTexas v. ReynoldMcLemee, cause number 

### CR15-00278 in the 294thJudicial District of Van Zandt County,
Texas. I. On November 30, 2015, Counsel was in the County Court at Law ofSmith County, Texas for ajury trial setting in State ofTexas v. Roy'Tavien Floyd-Whitfield, cause number 001-82167-15. Additionally, Counselhas the following cases and deadlines in appellate

matters: A. Appellant's Briefin SidneyLynchv. State ofTexas, cause number 12-15-00167-15 on December 7, 2015; 

### B. Appellant's Brief in Gaylord Stevens v. State of Texas, cause numbers 12-15-00162-CR, 12-15-00163-CRand 12-15-00164-CRon December 14, 2015; C. Appellant's Briefin Shai'Keston Mackey v. State ofTexas, cause number 12-15-00243-CR on December 16, 2015; 

### D. Appellant's Briefin Cedric Humble. Jr. v. State ofTexas, cause number 12-15-00239-CRuponcompletionoftheReporter's Record; E. Appellant's Briefin Joseph Neal Jones v. State ofTexas, cause 

### number 12-15-00267-CR upon the completion of the Reporter'sRecord; and F. Appellant's Briefin Neal Hunter v. State ofTexas, cause number 12-15-00268-CR upon the completion ofthe Reporter's Record. 8. Defendant is in custody. WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court 

### grant this Motion To Extend Time to File the Briefon the Merits, and for such other and further reliefas the Court may deem appropriate. Respectfully submitted,
Law Office ofJames W. Huggler, Jr. 100 E. Ferguson, Suite 805 Tyler, Texas 75702 Tel: (903) 593-2400 Fax: (903) 593-3830
By: /S/ James W. Huggler. Jr. James W. Huggler, Jr. State Bar No. 00795437 Attorney for Kenneth Walker

CERTIFICATE OF SERVICE 

### This is to certify that on December 1, 2015, a true and correct copy ofthe above and foregoing document was served on Mike West, Smith County District Attorney's Office, and Lisa McMinn, State Prosecuting Attorney by electronic filing.

/S/ James W. Huggler. Jr. James W. Huggler, Jr.