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NO. 12-15-00031-CR

STATE OF TEXAS § IN THE

§

VS. § TWELFTH COURT

§

MITZI GAIL ALLGOR § OF APPEALS

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

 Now comes Mitzi Gail Allgor, 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 appeal from the County Court at Law of Nacogdoches 

County, Texas. 

2. The case below was styled the State of Texas vs. Mitzi Gail Allgor, and 

numbered CF1302373. 

3. Appellant was convicted of Resisting Arrest. 

4. Appellant was assessed a sentence of 240 days in jail on January 8, 

2015. 

5. Notice of appeal was given on January 8, 2015. 

6. The clerk’s record was filed on March 5, 2015; the reporter’s record 

was filed on March 19, 2015. 

7. The appellate brief is presently due on April 20, 2015. 

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

complete appellate record is filed. 

9. No previous extensions to file Appellant’s brief have been requested. 

 10. Defendant is not currently incarcerated. 

ACCEPTED

12-15-00031-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

4/17/2015 2:32:25 PM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 4/17/2015 2:32:25 PM CATHY S. LUSK Clerk
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11. Appellant relies on the following facts as good cause for the requested 

extension:

Pursuant to TEX. R. APP. P. 34.6(d), Appellant has requested the Official Court 

Reporter of Nacogdoches County Court at Law to supplement the Reporter’s Record 

delivered on March 19, 2015. See Exhibit A. Appellant requested that the court 

reporter include in the Reporter’s Record a transcript of the voir dire. As filed with 

the Court of Appeals, the Reporter’s Record is incomplete as it does not include any 

of the voir dire proceedings. Accordingly, it is impossible to prepare Appellant’s 

Brief until such time as the Reporter’s Record has been supplemented with the 

missing transcript.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this 

Court grant this Motion To Extend Time to File Appellant’s Brief, and for such other 

and further relief as the Court may deem appropriate.

Respectfully submitted,

LAW OFFICES OF NOEL D. COOPER

117 North Street, Suite 2

Nacogdoches, Texas 75961

Telephone: (936) 564-9000

Telecopier: (936) 715-6022

By:/s/Noel D. Cooper

Noel D. Cooper

State Bar No. 00796397

noelcooper@noelcooper.com

Attorney for Mitzi Gail Allgor
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CERTIFICATE OF SERVICE

I certify that a true copy of this Notice of Appeal was served in accordance with rule 

9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead 

counsel as follows:

Party: State of Texas

Lead attorney: Stephanie Stephens

Address of service: 101 W. Main, Nacogdoches, Texas 75961

Email Address: sstephens@co.nacogdoches.tx.us

Method of service: by electronic service

Date of service: April 17, 2015

/s/Noel D. Cooper

Noel D. Cooper

CERTIFICATE OF COMPLIANCE

Pursuant to TEX. R. APP. P. 9.4(i)(3), I certify that this document is computer 

generated and contains 323 words based on a computer word count. 

/s/Noel D. Cooper

Noel D. Cooper