IN THE TWELFTH COURT OF APPEALS IN TYLER, TEXAS

TRENT MUMPHREY '

Appellant
V. ' CASE NO. 12-14 -00176- CR TRIAL COURT NO. 114-0005 -13 THE STATE OF TEXAS

Appellee '
FOURTH MOTION FOR EXTENSION OF TIME TO FILE APPELLANT = S BRIEF
TO THE HONORABLE COURT OF APPEALS: NOW COMES, TRENT MUMPHREY , the Appellant herein, and moves the Court for an extension of time to file Appellant = s Brief in this cause, pursuant to Rules 38.6 and 10.5 (b) of the Texas Rules of Appellate Procedure, and in support thereof would show the Court as follows:
I. The Appellant in this cause was convicted in the 114 th District Court, Smith County,
Texas in cause number 114-0005 -13 for the offense of Aggravated Robbery. On April 4, 2014, punishment was assessed at life in TDCJ.
II.
The Reporter = s record was filed on December 2, 2014. The Appellant = s Brief is due on or about March 25, 2015.
III. The Appellant hereby requests a fourth extension of time to file Appellant = s Brief. The undersigned counsel has been unable to devote sufficient time to the review of the record, research and preparation of Appellant = s Brief for the following good and sufficient

reasons: ACCEPTED 12-14-00176-CR TWELFTH COURT OF APPEALS

TYLER, TEXAS 3/24/2015 2:20:16 PM CATHY LUSK CLERKOn March 5, 2015, this counsel had surgery, performed by Dr. Dennis Poe, M.D., of the Harvard

Medical School, at the Massachusetts Eye and Ear Infirmary, a division of Massachusetts General Hospital and a part of the Harvard Medical School hospital system. As noted in documentation previously submitted to this Court, the reason for traveling to Boston for this procedure to be performed am ounts to Dr. Poe being the doctor who recently originated the procedure, and , to date , only a very few other doctors anywhere attempt even a version of it. While the surgery so far appears to be proving successful, this cannot be ascertained with any
certain ty until approximately four weeks out. In addition to the Eustachian

- tuboplasty, however, Dr. Poe encountered pre

- existing damage, and infection, in both ears, resulting from the long

term condition the surgery seeks to correct. Dr. Poe performed some reme dial work to alleviate this, but has indicated that more surgery will be required. When and what this surgery may be depends in great part on the outlook after a few more weeks have passed, regarding the results of the procedure performed on March 5. The f ollow

- up appointment is set for April 5, 2015. A summary, by Dr. Poe, of these procedures is attached

. In addition, this counsel notes that the record of the instant case is voluminous, with the Reporter’s Record encompassing fifteen volumes. This counsel played no role in the trial of the case, and had no knowledge of the case at all prior to being retained for the appellate phase of the litigation. Therefore a very careful review of the entire record becomes critical. WHEREFORE, PREMISES CONSIDERED , the undersigned counsel, on behalf of Appellant, respectfully prays that this Honorable Court extend the time for filing Appellant = s Brief for an additional thirty (30 ) days , to April 24 , 2015.

RESPECTFULLY SUBMITTED,__/s/ Clement Dunn____

___ Atto rney for Appellant 140 E. Tyler Street, Suite 240 Longview, TX 75601 (903) 753

- 7071 Fax (903) 753

- 8783 State Bar # 06249300CERTIFICATE OF SERVICE

As Attorney of Record for Defendant, I do hereby Certify that a true and correct copy of
the above and foregoing document was this date provided to the Attorney for the State.
Date: 3

- 24

- 14

__/s/ Clement Dunn____

___ Attorney for AppellantIN THE TWELFTH COURT OF APPEALS IN TYLER, TEXAS

TRENT MUMPHREY '

Appellant
VI. ' CASE NO. 12

- 14

- 00176

- CR TRIAL COURT NO. 114

- 0005

- 13 THE STATE OF TEXAS

Appellee '
ORDER BE IT REMEMBERED, that on the _____ day of __________________, 2015, came on to be considered the above and foregoing Fourth Motion for Extension of Time to File Appellant = s Brief. After consideration of the same, it is the opinion of the Court that Appellant = s Motion be: ( ) GRANTED, and the present cause is hereby extended until _________________,
2015. ( ) DENIED, to which ruli ng the Appellant excepts. ( ) SET FOR HEARING ON THE _____ day of __________________, 2015, at

_____ o = clock_____.
SIGNED:

_____________________________ JUDGE PRESIDING