NO. 03-14-00525-CR 

ELIAS SHAWN BIHL 

VS. 

STATE OF TEXAS 

IN THE COURT OF APPEALS 

THIRD DISTRICT 

OF TEXAS 

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF 

TO THE HONORABLE JUSTICES OF SAID COURT: 

Now comes ELIAS SHAWN BIHL, 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 340TH Judicial District Court of TOM 

GREEN County, Texas. 

3. The case below was styled the STATE OF TEXAS vs. ELIAS 

SHAWN BIHL,and numbered C-13-0631-SA. 

4. Appellant was convicted of Aggravated Assault with a deadly 

weapon, second degree felony enhanced to habitual. 

5. Appellant was assessed a sentence of Thirty (30) years confinement in 

the Institutional Division of the Texas Department of Criminal Justice on May 20, 

2014. 

ACCEPTED

03-14-00525-CR

3703907

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/8/2015 4:27:13 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/8/2015 4:27:13 PM JEFFREY D. KYLE Clerk
6. Notice of appeal was given on August 15, 2014. 

7. The clerk's record was filed on December 10, 2014; the reporter's 

record was filed on October 9, 2014. 

8. The appellant's brief is presently due on January 9, 2015. 

9. Appellant requests an extension of time of 60 days from the present 

date, which would make the brief due on March 10, 2015. 

10. No extension to file the brief has been received in this cause. 

11. Defendant is currently incarcerated. 

12. Appellant relies on the following facts as good cause for the requested 

extension: 

During the time period allotted for preparing Appellant's brief, Counsel for 

Appellant had a vacation letter on file for the courts that he commonly practices in, 

said letter is attached. 

Further, Counsel for the Appellant has recently been appointed on an 

accelerated appeal which will involve a lengthy reporter's record. Counsel 

requires additional time to obtain those materials and complete Appellant's brief, 

and submits that a sixty (60) day extension would provide sufficient time to obtain 

the materials and complete the brief in this matter. 

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, 

Ellis & Mock, PLLC 

125 South Irving Street 

San Angelo, Texas 76903 

Tel: (325) 486-9800 

Fax: (325) 482-0565 

By: /s/ Justin S. Mock 

JUSTIN S. MOCK 

State Bar No. 24064155 

Attorney for ELIAS SHAWN BIHL 

CERTIFICATE OF CONFERENCE 

This is to certify that on January 8, 2015, I conferred with Mr. Jason 

Ferguson, Assistant District Attorney, District Attorney's Office, Tom Green 

County, and he was not opposed to this request. 

/s/Justin S. Mock 

JUSTIN S. MOCK 

CERTIFICATE OF SERVICE 

This is to certify that on January 8, 2015, a true and correct copy of the 

above and foregoing document was served on the District Attorney's Office, Tom 

Green County, Mr. Jason Ferguson, by facsimile transmission to 325-658-6813. 

/s/ Justin S. Mock 

JUSTIN S. MOCK 
STATE OF TEXAS 

COUNTY OF TOM GREEN 

AFFIDAVIT 

BEFORE ME, the undersigned authority, on this day personally appeared 

JUSTIN S. MOCK, 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/ Justin S. Mock 

JUSTIN S. MOCK 

Affiant 

SUBSCRIBED AND SWORN TO BEFORE ME on January 8, 2015„ to 

certify which witness my hand and seal of office. 

/s/ Linda Robles 

Notary Public, State of Texas 
ELLIS & MOCKPLLC 

Attorneys and Counselors at Law 

125 S. Irving 

San Angelo, Texas 76903 

Tel (325) 486-9800 

Fax (325) 482-0565 

Per facsimile 

October 16, 2014 

Tom Green County District Court Administrators 

Tom Green County Courthouse 

112W. Beauregard 

San Angelo, Texas 76903 

Re: Vacation 

Dear Ladies: 

Please be advised that Justin Mock will be on vacation from December 19, 2014-January 

2, 2015. Please do not set any of his cases for hearing during said dates. 

If you have any questions, please do not hesitate to contact us. 

Thanking you for your consideration, I remain 

Sincerely, 

Linda C. Robles, 

Legal Assistant to 

Justin Mock 

/kr 

xc: County Court at Laws 

xc: District Clerk of Runnels County 

xc: County/District Clerk of Sutton County 

xc: County/District Clerk of Crockett County 

xc: County/District Clerk of Menard County 

xc: County/District Clerk of Upton County 

xc: County/District Clerk of Schleicher County 

xc: District Clerk of Concho County 

xc: District Clerk of Taylor County