NO. 05 - 17 - 01147 - CR
STEVEN TROY TILLERY § IN THE FIFTH § VS. § COURT OF APPEALS, § STATE OF TEXAS § DALLAS , TEXAS

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Steven Troy Tillery , Appellant in the above styled and numbered cause, and moves this Court to grant an extension of time to file appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure, and for good cause shows the following:
1. This case is on appe al fr om the 219 th District C ourt of Collin County,
Texas.
2. The case below was styled the S tate of T exas vs. Steven Troy Tillery , and numbered 219

- 82576

- 2017

. 3. Appellant was convicted of Aggravated S exual Assault of Child , a First

- Degree Felon y , on Sept e mber 12, 2017.
4. Appellant was assessed a sentence of f ifty years (50) in prison. ACCEPTED 05-17-01147-CR FIFTH COURT OF APPEALS

DALLAS, TEXAS 1/30/2018 6:16 PM LISA MATZ CLERK2 5. Timely Notice of a ppeal was given on September 12 , 2017

. 6. The C lerk's R eco rd was filed on November 1 1 , 2017; the R eporter's
R ecord was filed a month late on December 27, 2017

. 7. Appellant’s Brief was originally due on January 29 th , 2018

. 8

. Appellant requests an extension of time of 30 days from the present date

. 9

. Appellant relies on the following facts as good cause for the requested extension: When this C o urt sent out notice of the Reporter ’ s record being filed on De cember 27th , C o unsel was out of t own for the Christmas holidays and failed to read the emailed no tice . T hus, C o unsel f ailed to calendar the January 29 th due date has com pleted preparing the Appel late Brief

. Given the nature of this case, the record is ex t ensive and there are many varied legal issues which mu st be researched and revie wed. WHEREFORE, PREMISES CONSI DERED , Appellant p rays that this Court grant this Motion t o Extend Time to File Appellant's Brief, and for such other and further relief as the Court may deem appropriate. Respectfully submitted, GIBBS NOLTE ROBISON ROSE, PLLC3 2780 Virginia Parkway, Suite 401 MCKINNEY, TX 75071 Tel: (972) 562

- 0266 Fax: (972) 569

- 9278

By: /s/ Mitchell R. Nolte Mitchell R. Nolte State Bar No. 00797159 mitch@mckinneylaw.com Attorney for Steven Troy Tillery

CERTIFICATE OF SERVICE This is to certify that on Jan u ary 31 , 2018 , a true and correct copy of the above and foregoing document was served on the State of Texas , Collin C o unty Criminal District Attorney ’ s Office, by electronic service through the Electronic Filing Manager.
/s/ Mitchell R. Nolte Mitchell R. Nolte4 STATE OF TEXAS § § COUNTY OF COLLIN §

AFFIDAVIT
BEFORE ME , the undersigned authority, on this day personally appeared Mitchell R. Nolte, who after being duly sworn stated: "I am the attorney for the appellant in the above numbered and entitled cause. I have read the foregoing Motion to Extend Time to File Appellant's Brief and swear that all of the allegations of fact contained therein are true and correct."

/s/ Mitchell R. Nolte Mitchell R. Nolte Affiant

SUBSCR IBED AND SWORN TO BEFORE ME on January 31 , 2018 , to certify which witness my hand and seal of office. /s/ Bobbi N. Johnson Notary Public, State of Texas Comm Expires: 6/21/2020