NO. 12-15-00103-CR

Desiree Chumbley § IN THE DISTRICT COURT OF APPEALS

vs. § 12TH JUDICIAL DISTRICT

The State of Texas § STATE OF TEXAS

2

nd REQUEST FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Appellant in the above entitled and numbered cause, by and through his court appointed

attorney, and, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure, files this his 2nd Request

for Extension of Time to File Brief to the 12th Court of Appeals of the State of Texas, sitting in Tyler, Texas.

In support of same, Appellant would respectfully show the following as good cause:

1. This cause is on appeal from the 2nd Judicial District Court of Cherokee County, Texas.

2. The case below was styled The State of Texas vs. Desiree Chumbley and was numbered 19193.

3. App ellant was convicted by a Jury of the offense of Burglary of a Habitation - Enhanced and was

assessed a sentence of 60 years confinement in the Te xas Departm ent of Criminal Justice,

Institutional Division, with 380 days credit.

4. Notice of Appeal and Motion for New Trial were filed on April 22, 2015.

5. Both the Clerk’s Record and the Reporter’s Record have previously been filed with the Court. 

6. It is the undersigned’s understanding that Appellant’s Brief is due on December 7, 2015.

7. Appellant requests an extension of time of 30 days from the scheduled date per this honorable

court’s calendar to file the Brief, i.e. January 7, 2016. This would allow the opportunity for counsel

to adequately review this material, research it and draft an appropriate argument based upon it.

8. It is Counsel’s understanding that this is the second request for such an extension.

9. Appellant relies upon the following facts as good cause for the requested extension:

Counsel is a sole practitioner. Counsel was not trial counsel and, therefore, has to familiarize

himself with the trial actions from discussions with the Defendant and trial counsel, and from

reviewing the record as and when it was forwarded to him. Counsel also s erves as the sole

presiding Judge for the cities of Rusk, Alto, Wells and Cuney and, as such, must maintain his judicial

dockets and responsibilities without substitution. Accordingly, additional time is required for effective

ass istance of counsel on appeal.

In addition to the above, Counsel would show that he has had a conflict of time because of his daily

(7 days a week) duties as a Magistrate conducting Magistration Dockets for the cities of Rusk, Alto,

Wells and Cuney.

ACCEPTED

12-15-00103-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

12/8/2015 12:18:45 PM

Pam Estes

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 12/8/2015 12:18:45 PM PAM ESTES Clerk
In addition to his daily duties as a Magistrate, Counsel has his Judicial Duties as Municipal

Court Judge for Pre-Trial Dockets, as well as Show Cause Dockets, and Jury and Bench

Trials for one bench trial and six jury trials from the time of scheduled date through the

requested date.

Further, Counsel had his own medical appointments for his Leukemia treatment and

Diabetes follow-up.

Finally, Counsel would advise this Honorable Court that he was previously scheduled for

orthopedic surgery on his hand. Dr. Camp has indicated that post surgical recovery,

including reha bilitat ion should be approxim ately 2 - 3 w eeks. During this time, counsel will

hav e extrem ely limited use of his hands, if any at all.

 Because of the above, counsel has been and will be unable to complete the necessary research and

preparation of the appellate brief without an extension of time. It is expected that the instant request will be

the last such request in this matter and counsel should be able to file a fina lized version of his brief within

this time. Request is made herein that this honorable Court grant this reque st.

Respectfully submitted,

LAW OFFICE OF FORREST K. PHIFER Forrest K. Phifer

P.O. Box 829 SBOT 15908570

Rusk, Texas 75785-0829

(903) 721-1842 By:/S/ Forrest K. Phifer

CERTIFICATE OF CONFERENCE

I, the undersigned, herein certify that I have conferenced with the Prosecuting Attorney on December

8, 2015 and she has indicated NO OBJECTIONS to the merits of this motion.

By: /S/ Forrest K . Phifer 

CERTIFICATE OF SERVICE

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

document was served on the Prose cuting Attorney's Office, Cheroke e County, Rusk, Texas, by electro nic

delive ry.

/S/ Forrest K. Phifer