NO. O1-14-01020-CR

IN THE COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS

AT HOUSTON

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NO. 991804

IN THE 185th DISTRICT COURT

OF HARRIS COUNTY, TEXAS

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SIMMIE JAMES COLSON III, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

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MOTION FOR EXTENSION

OF TIME TO FILE BRIEF OF APPELLANT

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Morris L. Overstreet Winston E. Cochran, Jr.

Attorney at Law Attorney at Law

Texas Bar No. 00000046 Texas Bar No. 04457300

P.O. Box 35 P.O. Box 2945

Prairie View, TX 77446 League City, TX 77574

Tel. (512) 844-8357 Tel. (713) 228-2064

morrisoverstreet@yahoo.com winstoncochran@comcast.net

Attorneys for Appellant

ACCEPTED

01-14-01020-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

3/12/2015 4:18:33 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/12/2015 4:18:33 PM CHRISTOPHER A. PRINE Clerk
TO THE HONORABLE COURT OF APPEALS:

COMES NOW the appe llant, Simmie James Colson III (hereinafter “Colson”),

through the undersigned counsel, and respectfully requests that this Court extend the

time for filing the appellant’s brief for sixty days, until May 11, 2015. In support of

this motion, the appellant submits the following.

1. Colson was convicted of Theft and placed under community supervision

in Cause Number 991804 in the 185th District Court of Harris County. The State filed

a motion to revoke probation. After a hearing, the judge of the court found that the

allegations of the motion were true and assessed punishment at confinement for seven

months in the State Jail Division of the Texas Department of Criminal Justice, plus a

fine of $600. Colson gave time ly notice of appeal.

2. Colson’s brief in this cause is due on March 12, 2015. Colson requests

an extension of time to file his brief for sixty days, until May 11, 2015. This is the first

request for an extension of time to file Colson’s brief.

3. The reasons for the requested extension of time is as follows:

A. Due to the press of other business, the appellant’s attorneys have not had

sufficient time to file a brief in this cause. Since the filing of the reporte r’s record,

attorney Overstre et has be en involved in several other matters with little or no

flexibility in scheduling, including:

(1) Davina Moore v. State of Texas – application for a stay of manda te in the
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Twelfth Court of Appea ls in order to provide time to seek review in the

United Sta tes Supreme Court;

(2) State v. Meisha Robinson – felony trial case for possession of a controlled

substanc e in Liberty County; and

(3) State v. Cecilia Beaudion – multi-defendant felony trial case for Engaging

in Organized Criminal Activity in Houston County.

B. Attorney Winston E. Cochran, Jr. has joined in Colson’s representation

at the appellate level. Since the filing of the reporter’s record, attorney Cochran has

been involved in several other matters with little or no flexibility in scheduling,

including:

(1) State of Texas v. Prentis Venzant – jury trial in the 212th District Court of

Galveston County;

(2) State of Texas v. Darcie Spillers – pretrial hearing in the 405th District

Court of Galveston County; and

(3) Ex parte Mario Gomez – assisting othe r counsel with preparation of a

postconviction writ application filed in the 232nd District Court of Harris

County.

C. Both of Colson’s attorneys have seve ral matters scheduled ove r the next

month, including trial work. Completing a brief by mid-April would be difficult, and
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it is likely that a second extension would have to be requested. Accordingly, Colson’s

attorneys believe a sixty-day extension request at this time is more realistic.

4. This motion is not filed for purposes of delay but in order that justice may

be done. 

CONCLUSION

Where fore the appellant requests that the time for filing the appellant’s brief in

this cause be extended to May 11, 2015.

Respectfully submitted,

/s/ Morris L. Overstreet

Morris L. Overstreet

Attorney at Law

Texas Bar No. 00000046

P.O. Box 35

Prairie View, TX 77446

Tel. (512) 844-8357

morrisoverstreet@yahoo.com

/s/ Winston E. Cochran, Jr.

Winston E. Cochran, Jr.

Attorney at Law

Texas Bar No. 04457300

P.O. Box 2945

League City, TX 77574

Tel. (713) 228-0264

winstoncochran@comcast.net

Attorneys for Appellant
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CERTIFICATE OF SERVICE

I certify that a copy of this motion is being served on counsel for the appellee,

by mail or personal delivery, at the following address on the 12th day of March, 2015:

Harris County District Attorney’s Office

Appellate Division

1201 Franklin, Suite 600

Houston, TX 77002

/s/ Winston E. Cochran, Jr.

Winston E. Cochran, Jr.