NO. 12 -1 4 -00 3 14 -CR; 12 -14 -00315 -CR; 12-14 -00316 -CR;

12 -14 -00317 -CR; 12-14 -00318- CR

DANIEL WAYNE MCLEMORE. Appellant,

VS.

THE STATE OF TEXAS, Appellee. § § § § § § § § § IN THE TWELFTH COURT OF

APPEALS IN AND FOR

THE STATE OF TEXAS

MOTION TO EXTEND TIME TO FILE APPELANT BRIEF

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW DANIEL WAYNE MCLEMORE, by and through his attorney, Wm. Brandon Baade, and makes this MOTION TO EXTEND TIME TO FILE APPELANT

BRIEF :

1. The deadline for filing the APPELANT ’s Brief i s June 3, 2015

.

2. APPELANT seeks and extension of fourteen (5 ) days from the date of filing this motion

or June 8

, 2015 to file APPELANT ’s Brief.

3. Facts relied on to reasonably explain the need for an extension:

4. Counsel was completing a brief in Cause No. 12-15 -000 37 -CR in addition to the cases

listed below.

5. During the preparation of the brief in this case during the time period of the most recent

extension i t became apparent that a video of the evidence was not filed with the Court

of Appeals or provided to counsel because for computer technology reasons, that are

beyond counsel ’ s ability to understand, the video could not be provided with the

reporters record in this case. This video was probably the most critical evidence in the

case.

6. I consulted with counsel for the State regarding the filing of this Motion for an

Extension of Time and coun sel for the State of Texas does not oppose this motion and is

in agreement with the request for extension of time.

7. Additionally, counsel has been involved in the following cases: ACCEPTED 12-14-00314-CR; 12-14-00315-CR; 12-14-316-CR; 12-14-00317-CR; 12-14-00318-CR
TWELFTH COURT OF APPEALS

TYLER, TEXAS
6/3/2015 7:27:54 PM
CATHY LUSK
CLERKState of Texas v. Charles Eugene Louderman, Cause No. 21,728

- 2012 in the 402 nd
Judicial District Court in and for Wood County, Texas.

Sta te of Texas v.Nathaniel Lee Hurtzig, Cause No. 22,482

- 2015 in the 402 nd
Judicial District Court in and for Wood County, Texas.

First National Bank of Winnsboro v. Melanie Windham, et al, Cause No. 2010

- 377

in the 402 nd Judicial District Court in and for W ood County, Texas.

State of Texas v. Clinton Eugene Sharp, Cause No. 22,383

- 2014 in the 402 nd
Judicial District Court in and for Wood County, Texas.

State of Texas v. Wendy Gilbreath, Cause No. 22,410

- 2015 in the 402 nd Judicial District Court in and for Wood County, Texas.

State of Texas v. Heath Allen Nutt, Cause No.22,398

- 2014 in the 402 nd Judicial District Court in and for Wood County, Texas.

4

. APPELANT has been granted two ( 2 ) extension s of time

.

WHEREFORE, DANI EL WAYNE MCLEMORE , by h is attorney, Wm. Brandon Baade

, requests the court extend time to file APPELANT ’s Brief in this case.

RESPECTFULLY SUBMITT ED,

Wm. Brandon Baade 522 N Broadway Ave Tyler, TX 75702 Tel: (903) 526

- 5867 brandonbaadelaw@gmail.com

_______________________________ Wm. Brandon Baade

State Bar No. 00793189 Attorney for A ppelant

CERTIFICATE OF CONFERENCE

I certify that I have contact ed Tom Burton, Attorney for Appell ee , in t his case and he is in agreement with this motion

._______________________________ Wm. Brandon Baade

State Bar No. 00793189 Attorney for Appellant

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that a true and correct copy of the foregoing MOTION

TO EXTEND TIME TO FILE APPELLANT ’ S BRIEF was served on all counsel of record by

U.S. Mail on June 3

, 201 5

.

_______________________________ Wm. Brandon Baade

State Bar No. 00793189 Attorney for Appellant