CAUSE NUMBER 12-15-00074-CR 

CHARLES BLAKE DEFORE IN THE 

VS. TWELFTH JUDICIAL DISTRICT 

THE STATE OF TEXAS COURT OF APPEALS 

APPELLANT'S MOTION 

FOR LEAVE TO FILE LATE BRIEF 

TO THE HONORABLE JUDGES OF SAID COURT: 

COMES NOW Appellant Charles Blake DeFore, by and through Colin I). McFall, 

Attorney of Record in the above numbered and styled cause, and for good cause moves this 

Court grant Appellant's Motion for Leave to File Late Brief. In support of said motion, the 

Appellant would respectfully show this Honorable Court the following: 

I. 

Pursuant to Rule 10.5(b) (1) (A), Texas Rules of Appellate Procedure, Appellant's Brief 

was due on or before the 14thday of August 2015. 

II. 

Pursuant to Rule 10.5(b) (1) (B), Texas Rules of Appellate Procedure, Appellant 

respectfully request a thirty (30) day extension of time to file Appellant's Brief. If granted, 

Appellant's Brief would be due on the 14thday of September 2015. 

ACCEPTED

12-15-00075-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

9/8/2015 6:02:44 PM

Pam Estes

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 9/8/2015 6:02:44 PM PAM ESTES Clerk
III. 

Pursuant to Rule 10.5(b) (1) (C), Texas Rules of Appellate Procedure, Counsel relies on 

the following facts to reasonably explain the need for the requested extension: 

Counsel is engaged in the multijurisdictional private practice of law. Counsel engages in 

the practice of family law, juvenile law, criminal defense and quasi criminal proceedings. 

Counsel operates two offices in the East Texas area. Counsel submits his work load is high. 

Because of the demands of private practice and a high work load, Counsel inadvertently 

overlooked the Court's email notification of the past due brief. Despite the Court's email 

notification of a past due brief, Counsel's heavy workload, failed to yield, and Counsel simply 

failed to timely complete the brief. Counsel needs the requested extension of time to effectively 

represent Appellant. Appellant is entitled to the effective representation of Counsel. 

IV. 

Pursuant to Rule 10.5(b) (1) (D), Texas Rules of Appellate Procedure, this is Appellant's 

first Motion for Leave to File Late Brief. 

V. 

Pursuant to Rule 10.1(5), Texas Rules of Appellate Procedure, Counsel was not able to 

consult with opposing counsel, to confirm the instant motion is unopposed. 

VI. 

WHEREFORE, PREMISES CONSIDERED, Appellant Charles Blake DeFore, prays the 

Court grant Appellant's Motion for Leave to File Late Brief, and grant Counsel an additional 

thirty (30) days to file Appellant's Brief. 
COLIN D. M 

Attorney at Law 

Texas Bar Number: 24027498 

COLIN D. MC 

Attorney at Law 

Texas Bar Number: 24027498 

RESPECTFULLY SUBMITTED, 

513 North Church Street 

Palestine, Texas 75801-2962 

Telephone: 903-723-1923 

Facsimile: 903-723-0269 

Email: cmcfall@mcfall-law-office.com 

CERTIFICATE OF SERVICE 

I, Colin D. McFall, Attorney of Record for the above styled Appellant, hereby certify 

service of a true and correct copy of the above and foregoing document upon Anderson County 

Assistant Criminal District Attorney, Scott Holden, at sholden@co.anderson.tx.us, by email 

transmission, on the 7thday of September 2015. 

RESPECTFULLY SUBMITTED, 

513 North Church Street 

Palestine, Texas 75801-2962 

Telephone: 903-723-1923 

Facsimile: 903-723-0269 

Email: cmcfall@mcfall-law-office.com 
Notary Public i and for the State of Texas 

My commission expires: 

17:1;:t% FALLON ASHLEY PIERCE 

**;T-1 Notary Public. State of Texas 

• 4 My Commission Expires 

August 01, 2018 

CAUSE NUMBER 12-15-00074-CR 

CHARLES BLAKE DEFORE IN THE 

VS. TWELFTH JUDICIAL DISTRICT 

THE STATE OF TEXAS COURT OF APPEALS 

AFFIDAVIT 

BEFORE ME, the undersigned notary, on this day, personally appeared Colin D. McFall, 

a person whose identity is known to me. After I administered an oath to Colin I). McFall, upon 

his oath, he said: 

"My name is Colin D. McFall. I am over eighteen (18) years of age, of sound mind and 

capable of making this Affidavit. I am the Attorney of Record for Charles Blake DeFore, in the 

above numbered and styled cause. I have read the Appellant's Motion for Leave to File Late 

Brief and swear the facts relied on are within my personal knowledge. 

SWORN to and SUBSCRIBED before me by Colin D. McFall on the 7thday of 

September 2015.