NO. 12-15-00103-CR

Desiree Chumbley § IN THE DISTRICT COURT OF APPEALS vs. § 12 TH 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 aboveentitled and numbered cause, by and through his court appointed attorney, and, purs uant to Ru le 38.6 of the Texas Rules of Appellate Procedure, files this his 2 nd Request for Extension of Time to File Brief to the 12 th 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 2 nd 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 ell ant was co nvicted by a Jury of the offense of Burglary of a Habitation - Enhanced and was

ass essed a sentence of 60 years confinement in the Te xas Departm ent of Criminal J ustice , 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. Ap pellant

requests an extension of time of 30 days from the scheduled date per this hono rabl e court’s calendar to fil e 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 hims elf with the trial actions from discussions with the Defendant and trial counsel, a nd fro m reviewing the record as and when it was forwarded to hi m. Counsel al so 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 CLERKIn additi on to hi s daily duties as a Magi strate, Counsel has his Judicial Duti es as Municipal Court Judge for

Pre-Trial Do ckets, as w ellas Show Cause Docket s, and Jury

and Bench Tria ls for one bench tr ial andsix j ury tr

ials f rom the time of sched uled date th rough the requested date. Further, Counsel h ad his ownmedica l appoi ntments for his Leukemia tr eatment and Diabetes fol low-up. Fina lly, Counsel would advise thi s Honorable Cour t that he was previously scheduled f or orth ope dic surgery on his hand. Dr. Camp has indicated th at post s urgic al rec ove ry, includi ng reha bilitat ion s hou ld be app roxim ate ly 2 - 3 w eek s. D uring this tim e, counse l will hav e ex trem ely limit ed u se o f his han ds, if any at all.

Because of the above, counsel has been and wil l be unabl e to complete the necessary resear ch and preparation of the appel late bri ef without

an ex tension o f time. I t is expected that the i nstant request wi ll be the last such request in thi s matter and counsel shou ld be abl e to fil e a fina lized ver sion of his brief with in this time. Request is made herein that this honorable Court grant this reque st.

Respectfully submitt

ed,

LAW OFFICE OF FORR EST K. PHI FER Forrest K. Phif er 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 wit h the Prosecuting Attor ney on December 8, 2015 and she has in dicated NO OBJECTIONS to the merits of this mot ion. By: /S/ Forrest K . Phifer CERTIFICATE OF SERVICE This is to certi fy that on December 8, 2015, a tr ue and correct copy

of the above and for egoing document was s erv ed o n th e Pr ose cut ing A ttor ney's Off ice, Che roke e Co unt y, Ru sk, Tex as, by ele ctro nic delive ry. /S/ Forrest K. Phifer