CAUSE No. 03-14-00605-CR

IN THE COURT OF APPEALS

FOR THE THIRD COURT OF APPEALS DISTRICT

AUSTIN, TEXAS

HOWARD THOMAS DOUGLAS,

Appellant, 

VS.

THE STATE OF TEXAS,

Appellee.

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

in the 331st Judicial District Court, 

Travis County, Texas

APPELLANT’S THIRD 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 Third

Motion for Extension of Time to File Appellant’s Brief, and in support thereof 

respectfully shows this Court the following:

I.

APPELLANT SEEKS ONE WEEK EXTENSION OF TIME TO FILE BRIEF

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

Court 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 April 15, 2015. 

DEFENDANT’S THIRD MOTION TO EXTEND TIME TO FILE BRIEF PAGE 1 

ACCEPTED

03-14-00605-CR

4904160

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/15/2015 3:49:41 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/15/2015 3:49:41 PM JEFFREY D. KYLE Clerk
3. Appellant seeks a SEVEN (7) DAY extension of time in which to 

file his Appellant’s Brief.

4. Appellant’s counsel recently spent three days in trial in Miller, et al.,

v. De Fina, et al., Civil Action No. 4:13cv735, which was pending before United 

States Magistrate Don Bush in the Eastern District of Texas. In light of the trial, 

which began on April 7, 2015 and ended on April 9, 2015 and several days of 

pretrial preparation, Appellant’s counsel had to devote approximately 6 days 

almost exclusively to the Miller matter during the time shortly before the April 15, 

2015, deadline for filing Appellant’s Brief. 

5. Additionally, the State v. Douglas trial continues to be a challenge on 

appeal. Appellant anticipates asserting as one of his arguments on appeal that the 

evidence was not legally sufficient to support the jury’s verdict of guilty. Trial 

lasted one week and resulted in five volumes of testimony and six volumes of 

exhibits. Appellant’s counsel needs additional time to review all of the testimony 

and the exhibits in order to present a thorough analysis of such evidence to this 

Court. Appellant’s counsel respectfully submits that justice would be best served 

by allowing Appellant’s counsel additional time in which to prepare Appellant’s 

Brief. 

6. Appellant respectfully moves this Court for an extension of 

SEVEN (7) DAYS in which to file Appellant’s Brief. See Tex. R. App. P. 10, 

5(b), 38.6(d), which would make Appellant’s Brief due on April 23, 2015.

DEFENDANT’S THIRD MOTION TO EXTEND TIME TO FILE BRIEF PAGE 2
7. State Does Not Oppose Extension. Appellant’s counsel conferred 

via telephone with Mr. Scott Taliaferro, chief of the appellate section for the Travis 

County Criminal District Attorney’s Office and counsel for the State of Texas, on 

April 15, 2015, regarding the merits of this Motion, and Mr. Taliaferro stated that 

the State does not oppose Appellant’s third motion to extend time to file 

Appellant’s Brief.

II.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court to 

grant Appellant an extension of seven (7) days in which to file Appellant’s Brief, 

making the Brief due on or before April 23, 2015. Appellant further seeks such 

other relief to which he may be entitled, at law or in equity.

Respectfully submitted,

/S/ Craig M. Price

Craig M. Price

State Bar No. 16284170 

cmp@hammerle.com

Hammerle Finley Law Firm

2871 Lake Vista Dr., Suite 150

Lewisville, Texas 75067

Tel: (972) 436-9300

Fax: (972) 436-9000

Attorney for Appellant

DEFENDANT’S THIRD MOTION TO EXTEND TIME TO FILE BRIEF PAGE 3
CERTIFICATE OF CONFERENCE

I certify that Appellant’s current counsel spoke with Mr. Scott Taliaferro, 

counsel for the State of Texas, on April 15, 2015, regarding the merits of this 

Motion, and Mr. Taliaferro stated that the State of Texas does not oppose 

Appellant’s Third Motion to Extend Time to File Appellant’s Brief.

/S/ Craig M. Price

Craig M. Price

CERTIFICATE OF SERVICE

This is to certify that on April 15, 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 e-service. 

/S/ Craig M. Price

Craig M. Price

DEFENDANT’S THIRD MOTION TO EXTEND TIME TO FILE BRIEF PAGE 4