## NO. 03

- 14

- 00704

- CV

IN THE COURT OF APPEALS OF THE THIRD SUPREME JUDICIAL CIRCUIT 

# 2004 Dodge Ram 1500 TX LP#CPL1988 and 2000 Buick TX LP CV1N8187

v. The State of Texas

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

Appeal from the 20 th 

### Judicial District Court Milam County, Texas Trial Court Cause No. CV36,279

L AW 

### O FFICE OF 

### B ENTON 

### R OSS 

### W ATSON 

### 120 E. 1 st 

### Street P.O. Box 1000 Cameron, Texas 76520 (254) 307

- 8181 (254) 231

- 0212

— Facsimile ross@texastopdefense.com State Bar No. 24077591 ACCEPTED 03-14-00704-CV 4254340 THIRD COURT OF APPEALS

AUSTIN, TEXAS 2/23/2015 9:36:37 PM JEFFREY D. KYLE

CLERKAppellant’s Motion to Extend Time to File Brief

TO THE HONORABLE COURT:
LaToya Alcorn , Appellant, moves for an extension to file Appellant’s

Brief :

I.

Appellant moves this Court to allow an extension of 5 Days to file her

Brief

. 1 Yet, Appellant’s B rief is being filed to day, February 23, 2015.

II. REQUIRED INFORMATION PURSUANT TO THE RULES OF APPELLATE PROCEDURE
A. The deadline for filing the Brief : 2 February 20, 2015

.

B. The length of the extension sought: 3 5 days

— February 25, 2015

.

C. The facts relied upon to reasonably explain the need for the extension: 4
1. My father died on February 11, 2015 . (See Affidavit).
2. Many head of livestock, financial ma tters , and several other affairs of my father required immediate attention

. 3. The responsibility of handlin g these affairs was placed on me

— and, quite honestly, I was not prepared for it

. 4. Everything was exacerbated by the fact that my grandmother was severely ill , and in ICU, at the same time

.

1 T EX

. R. A PP

. P. 38.6(d).
2 T EX

. R. A PP

. P. 10.5(b)(1)(A).
3 T EX

. R. A PP

. P. 10.5(b)(1)(B).
4 T EX

. R. A PP

. P. 10.5(b)(1)(C).5. Everything was further exacerbated due to the severe illness of a very close family friend, who also d ied a couple of days before my father

. 6. A ll family members live out of town (except my mothe r), and the family was split in trying to be several places at once

. 7. T he curr ent situation was unexpected, unanticipated, and devastating for my famil y and, to some degree, even the local community.
8. Other matters were scheduled for Februar y, such as two jury trials,

o ther appellate matters, and preparation for two post

- conviction writs, that all had to be rescheduled for April or later.
9. I am a sole practitioner, who handles many civil and criminal cases, and I have no partners, staff members , or assistants.
10. Finally, Appellant’s brief was almost complete several weeks ago, but a supplemental clerk’s record was needed before it could be finalized

. After it was filed, e verybody began getting sick, things never got better, and no more avai lable time existed to finalize it until now

. D. Number of previous extensions granted : 5 One exten sion was granted
for filing the affidavit of indigence. No ne were requested for filing briefs

.
III. The additional time requested is not sought solely for delay, nor
sought frivolously, but will be of genuine assistance to Appellant’s attorney
in allowing to timely file the brief.

R EQUEST FOR R ELIEF
Appellant re quests that this Court grant her Motion and extend the
deadline for filing Appellant’s Brief to February 25, 2015, or that this Court
grant such additional time as is just and proper.
Respectfully submitted
,

5 T EX

. R. A PP

. P. 10.5(b)(1)(D)._________________________ Benton Ross Watson 120 E. 1st Street / Box 1000 Cameron, Texas 76520 Tel: 1 (254) 307

- 8181 Fax: 1 (254) 231

- 0212 ross@texastopdefense.com State Bar No. 24077591 Attorney for Appellant

CERTIFICATE OF SERVI CE

This is to certify that on February 23, 2015, a true and correct copy of

the above and foregoing document was served on the Milam County District
Attorney's Office, by electronic transmission at

ww w. torrey@milamcounty.net and dkeen@milamcounty.net, electronic
transmission was reported as complete
, the State and Appellant’s counsel

have discu ssed this motion to extend, and the State is agreeable to an

extension

.

Benton Ross Watson ross@texastopdefense.comAFFIDAVIT IN SUPPORT OF APPELLANT'S MOTION FOR EXTENSION TO FILE BRIEF
BEFORE ME, the undersigned authority, personally appeared Benton
Ross Watson, who being duly sworn, deposed as follows:
"My name is Benton Ross Watson. I am at least 18 years of age and
of sound mind. I am personally acquainted with the facts alleged herein,

which are true and correct.
“All of the facts alleged in the above motion to extend time are within
my personal knowledge, and all are true and correct.
“My father suddenly and u nexpectedly fell ill in late January, and later
died on February 11 , 2015. My father’s livestock, financial matters , and
other affairs required my immediate attention for which I was unprepared.
“My grandmother was in ICU in Scott & White during this time
period due to different surgical operations on her heart and chest. A nother
close family friend was also sick, and died a few days before my father . Due
to the many illnesses, my family was split up in order to be at multiple
places. My mother and I are t he only family livin g in the same area as my

father, which caused care of him and his affairs to be placed in my hands.
“If the Court wants death certificates or other proof then those things
can be provided. I did not know whether it was appropriate to in clude them

here."I was just about finished with this brief back in mid-January, but

could not finalize it due to a supplemental clerk ' s record that needed to be

filed. By the time the supplemental record was completed, things had
already begun to go downhill, and no more time presented itself for me to

finish up the brief. I am a sole practitioner
, and have no assistants, so there

was no one to help finalize the brief in my absence either."

I Benton Ross Watson, Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on

# ~\.)..~**?i:;:,~ by** **~~W(k\-o~ .** **~, ~~\Ylda**  Notary Public
, State of Texas