ACCEPTED

03-15-00510-CR

8351275

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/22/2015 4:43:37 PM

JEFFREY D. KYLE

CLERK

NO. 03-15-00510-CR 

JOHNNIE LEE WILSON § INTHE 

§ 

vs. § 3rd COURT 

§ 

STATE OF TEXAS § OF APPEALS, Austin, Texas 

MOTION FOR LEAVE TO FILE LATE BRIEF AND TO EXTEND TIME 

TO FILE APPELLANT'S BRIEF (Brief Submitted With Motion) 

TO THE HONORABLE JUSTICES OF SAID COURT: 

Now comes JOHNNIE LEE WILSON 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 (d) of the Texas Rules of Appellate 

Procedure, and for good cause shows 

the following: 

1. On December 22, 2015 this counsel filed Appellant's Motion 

to Extend Time to File Appellant's Brief. 

2. This case is on appeal from the 39Pt District Court of Tom 

Green County Texas. 

3. The case below was styled In the State vs. Johnnie Lee Wilson 

and numbered Appellant was convicted on April 21, 2015 of 

Aggravated Assault and Sentenced to 25 years in the institutional 

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 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/22/2015 4:43:37 PM JEFFREY D. KYLE Clerk
division of the Texas Department of Criminal Justice 

5. A motion for new trial was filed May 28, 2015. Notice of 

appeal was given on August 11, 2015. 

6. The clerk's record was filed on August 27, 2015; the reporter's 

record was filed on August 8, 2015. 

8. Counsel is Appointed in this matter. This 

Counsel was not trial counsel in this matter and Counsel believes without 

additional time the Appellant will be denied effective assistance of 

counsel. 

9. Counsel therefore requests this court extend the time for filing 

said Brief to 60 days from the current due date ofNovember 30, 2015. 

10. one previous Extension has been granted regarding 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, 

Nathan Butler Attorney at law 

123 S. Washington 

San Angelo, Texas 76901 

Tel: (325) 653-2373 

Fax: (325) 482-8064 

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By:/s/ Nathan Butler 

Nathan Butler 

State Bar No. 24006935 

Attorney for Appellant 

CERTIFICATE OF SERVICE 

This is to certify that on, December 22, 2015, a true and correct copy of the 

above and foregoing document was served on the following by united states mail. 

District Attorney 

119TH District Court Tom Green County 

124 W. Beauregard 

San Angelo, Texas 76903 

STATE OF TEXAS 

COUNTY OF Tom Green 

Is/Nathan Butler 

Nathan Butler 

§ 

§ 

§ 

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AFFIDAVIT 

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

Nathan Butler, 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 Appellant's Motion To 

Extend Time to File Appellant's Brief and swear that all of the 

allegations of fact contained therein are true and correct." 

<~' Nathan Butler 

Affiant 

SUBSCRIBED AND SWORN TO BEFORE ME on December 22,2015, to 

certify which witness my hand and seal of office. 

_, ..... ,,, 6_~~!~ ~~~\ MELVA lANITA BUTLER I :· ':t>: Notary Public. State otTexos 

of;; ....... ~:! My Commission Expires 

~.z,g:,:.'i-·~ September 17. 2018 

Notary 

~~&.tt?~ Public, State of Texas 

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