ACCEPTED

03-14-00605-CR

4140977

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/13/2015 11:12:19 AM

JEFFREY D. KYLE

CLERK

CAUSE No. 03-14-00605-CR 

IN THE COURT OF APPEALS 

FOR THE THIRD COURT OF APPEALS DISTRJCT 

AUSTIN, TEXAS 

HOWARD THOMAS DOUGLAS, 

Appellant, 

VS. 

THE STATE OF TEXAS, 

Appellee. 

On appeal from Cause No. D-1-DC-12-900059, 

in the 331 st Judicial District Court, 

Travis County, Texas 

APPELLANT'S FIRST MOTION FOR 

EXTENSION OF TIME TO FILE APPELLANT'S BRIEF 

TO THE HONORABLE JUDGE OF SAID COURT: 

COMES NOW, Appellant, Howard Thomas Douglas, and files this his First Motion for 

Extension of Time to File Appellant's Brief, and in support thereof respectfully shows this Comi 

the following: 

I. 

APPELLANT SEEKS EXTENSION OF TIME TO FILE BRIEF 

1. Appellant is appealing his conviction in the 331 st Judicial District Comi of Travis 

County, Texas, for the felony offense of securing execution of a document by deception. 

2. Appellant's Brief is due to be filed on February 13, 2015. 

2. Appellant seeks this first extension of time to file his brief because Appellant's 

counsel has had the following recent deadlines: 

• Bowens v. Collins; Cause No. DC-12-08188; 192nd District Court, Dallas County; 

civil jury trial set for February 2, 2015; counsel prepared for trial during the week 

DEFENDANT'S MOTION TO EXTEND TIME TO FILE BRJEF PAGE 1 

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/13/2015 11:12:19 AM JEFFREY D. KYLE Clerk
before and presented trial to the bench during Tuesday until matter was recessed. 

(I State v. Marvin Taylor; Cause No. F-2012-0490-C; 211th District Court, Denton 

County; counsel has been injury trial since February 9, 2015- three counts of 

aggravated sexual assault; this matter will 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 

of counsel's time since Febmary 8, and much of counsel's time the preceding week, as well. 

3. Given the nature of the 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 of the testimony and the exhibits and present a thorough analysis 

of such evidence to this Court. Given that this trial lasted one week and resulted in five volumes 

of testimony and six volumes of exhibits, such an endeavor will take a significant amount of time 

to review and to organize on behalf of Appellant. 

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 of Texas, on January 20, 2015, regarding the merits 

of this Motion, and Ms. Creasy stated that the State does not oppose Appellant's motion to 

extend time to file Appellant's Brief. 

DEFENDANT'S MOTION TO EXTEND TIME TO FILE BRIEF PAGE2 
n. 

PRAYER 

WHEREFORE, PREMISES CONSIDERED, Appellant moves this Comi to grant 

Appellant an extension of thirty-one (31) days in which to file Appellant's Brief, making the 

Brief due on or before March 15, 2015. Appellant fmiher seeks such other relief to which he may 

be entitled, at law or in equity. 

Respectfully submitted, 

IS/ Craig M. Price 

Craig M. Price 

State Bar No. 16284170 

Hammerle Finley & Scroggins Law Firm 

2871 Lake Vista Dr., Suite 150 

Lewisville, Texas 75067 

Tel: (972) 436-9300 

Fax: (972) 436"9000 

Attorney for Appellant 

CERTIFICATE OF SERVICE 

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 

DEFENDANT'S MOTION TO EXTEND TIME TO FILE BRIEF PAGE3 
CERTIFICATE OF CONFERENCE 

I ce1iify that Appellant's current counsel conferred over the telephone with Ms. Angie 

Creasy, counsel for the State of Texas, 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/ Craig M. Price 

Craig M. Price 

DEFENDANT'S MOTION TO EXTEND TIME TO FILE BRIEF PAGE4