ACCEPTED

03-15-00075-CR

7756238

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/10/2015 9:06:25 AM

JEFFREY D. KYLE

CLERK

NO. 03-15-00075-CR 

JOHN LYNN KOLSTER § INTHE 

§ 

vs. § 3rd COURT 

§ 

STATE OF TEXAS § OF APPEALS, Austin, Texas 

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF 

TO THE HONORABLE JUSTICES OF SAID COURT: 

Now comes JOHN LYNN KOLSTER 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 November 10, 2015 this counsel filed Appellant's Motion 

to Extend Time to File Appellant's Brief. 

2. This case is on appeal from the 391stTHst District Court of Tom 

Green County Texas. 

3. The case below was styled In the State vs. John Lynn Kolster 

and numbered D-140523-SB Appellant was convicted on November 

21, 2014 of Assault Family Violence with Prior convictions enhanced 

to a second degree felony and Appellant was sentenced to 7 years in 

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 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/10/2015 9:06:25 AM JEFFREY D. KYLE Clerk
the institutional division of the Texas Department of Criminal Justice 

5. A motion for new trial was filed on November 20, 2014. 

Notice of appeal was given on December 18, 20 14. 

6. The clerk's record was filed on April 29, 2015; the reporter's 

record was filed on February 17, 2015 and October 13, 2015. 

8. Counsel is Appointed in this matter. Counsel has been awaiting the 

appeal to be reinstated following the case being remanded to the trial 

court due to a calendaring error by counsel. On October 15, 2015 this 

court reinstated the Appeal. Counsel anticipates filing the brief on or 

before November 16, 2015 

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

said Brief to 63 days from the current due date ofSepemberl4, 2015. 

10. one previous Extension one 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 

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Tel: (325) 653-2373 

Fax: (325) 482-8064 

By:/s/ Nathan Butler 

Nathan Butler 

State Bar No. 24006935 

Attorney for Appellant 

CERTIFICATE OF SERVICE 

This is to certify that on November 10, 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 

Is/Nathan Butler 

Nathan Butler 

3 
STATE OF TEXAS 

COUNTY OF Tom Green 

§ 

§ 

§ 

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 November 10, 

2015, to certify which witness my hand and seal of office. 

Notary Public, State of Texas 

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