ACCEPTED 03-14-00605-CR 4140977 THIRD COURT OF APPEALS

AUSTIN, TEXAS 2/13/2015 11:12:19 AM JEFFREY D. KYLE

CLERK CAUSENo. 03-14-00605-CR IN THE COURT OF APPEALS FORTHE THIRD COURT OF APPEALS DISTRJCT AUSTIN, TEXAS
HOWARD THOMAS DOUGLAS, Appellant, VS. THE STATE OF TEXAS, Appellee. On appeal from CauseNo. D-1-DC-12-900059, in the 331st Judicial District Court, Travis County, Texas 

### APPELLANT'S FIRSTMOTIONFOR EXTENSION OFTIMETOFILEAPPELLANT'S BRIEF TOTHEHONORABLEJUDGE OF SAID COURT: COMES NOW, Appellant, Howard Thomas Douglas, and files this his First Motion for Extension ofTime to File Appellant's Brief, and in support thereofrespectfully shows this Comi the following: 

### I. APPELLANT SEEKSEXTENSION OFTIMETOFILEBRIEF 1. Appellant is appealing his conviction in the 331 st Judicial District Comi ofTravis County, Texas, for the felony offense ofsecuring execution ofa document by deception. 2. Appellant'sBriefis dueto be filed onFebruary 13, 2015. 

### 2. Appellant seeks this first extension oftime to file his briefbecause Appellant's counsel has had the following recent deadlines:
• Bowens v. Collins; CauseNo. DC-12-08188; 192nd District Court, Dallas County; civiljurytrial set for February2, 2015; counsel preparedfor trial during the week
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### before and presented trial to the bench during Tuesday until matterwas recessed.

(I State v. Marvin Taylor; 

### Cause No. F-2012-0490-C; 211th District Court, Denton County; counsel has been injurytrial since February 

### 9, 2015- three counts of aggravated sexual assault; this matterwill last at least through February 13, 2015.
These cases, and the preparation for them, have greatly limited the time that Appellant's counsel has had to prepare for this matter. The Taylor 

### criminal trial, especially, has occupied all ofcounsel's time since Febmary 8, and much ofcounsel'stime the preceding week, as well. 3. Given the nature ofthe issues expected to be asserted on appeal in this matter, Appellant's counsel respectfully submits that justice would be betier served by allowing Appellant's counsel additional time in which to prepare Appellant's Brief. For example, Appellant anticipates asserting as one of his arguments on appeal that the evidence was not legally sufficient to suppmi the jury's verdict of guilty. Therefore, Appellant's counsel will necessarily need to review all ofthe testimony and the exhibits and present a thorough analysis ofsuch evidence to this Court. Given that this trial lasted one week and resulted in five volumes oftestimony and six volumes ofexhibits, such an endeavor will take a significant amount oftime to review and to organize on behalfofAppellant. 4. Appellant respectfully moves this Court for an extension of thirtv-one (31) days in which to file Appellant's Brief. See Tex. R. App. P. 10,5(b), 38.6(d) (the 30th day would be Sunday, March 15, 2015). 5. State Does No Oppose Extension. Appellant's counsel confened via telephone with Ms. Angie Creasy, counsel for the State ofTexas, on January 20, 2015, regarding the merits ofthis Motion, and Ms. Creasy stated that the State does not oppose Appellant's motion to extendtime to file Appellant's Brief.

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## n. PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant moves this Comi to grant Appellant an extension ofthirty-one (31) days in which to file Appellant's Brief, making the Briefdue on orbefore March 15, 2015. Appellant fmiher seeks such otherreliefto whichhe may be entitled, at law or in equity. Respectfully submitted, 

### IS/Craig M. Price Craig M. Price State BarNo. 16284170 Hammerle Finley & Scroggins Law Firm 2871 Lake VistaDr., Suite 150 Lewisville, Texas 75067 Tel: (972) 436-9300 Fax: (972) 436"9000 Attorney for Appellant


### CERTIFICATE OFSERVICE This is to certify that on February 13, 2015, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Travis County, PO Box 1748, Austin, Texas 78767, by facsimile 512-854-9789. /S/ Craig M. Price Craig M. Price

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### CERTIFICATE OFCONFERENCE I ce1iify that Appellant's current counsel conferred over the telephone with Ms. Angie Creasy, counsel for the State ofTexas, on January 20, 2015, regarding the merits ofthis Motion, and Ms. Creasy stated that she does not oppose Appellant's Motion to Extend Time to File Appellant's Reply Brief. 

### IS/CraigM. Price Craig M. Price

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