1 IN THE THIRD COURT OF APPEALS

FOR THE STATE OF TEXAS

JAMES ALAN WEATHERFORD

V. NO. 03

- 14

- 00528

- CR

THE STATE OF TEXAS

APPELLANT’S THIR D MOTION FOR

EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

COMES NOW, James Alan Weatherford , by and through his attorney

of record, Dal Ruggles , and files this his Thir d Motion for Extension of

Time to File Brief and in support thereof, would show the Court the

following:

I.

That the above

- styled and numbered cause is styled The Stat e of

Texas v. James A lan Weatherford, Cause Number 12

- 0465

- K277 in the

3 6 8 th Judicial District Court of Williamson County, Texas. Appel la nt was

sentenced on July 23, 2014

.

II.

Appellant pl e a d guilty to counts 1

- 24 of Possession of Child

Pornography with no agreed plea recommendation. Appellant went to the

Court for punishment. The trial court asses s ed punishment at five (5 ) years ACCEPTED

03-14-00528-CR

4685128

THIRD COURT OF APPEALS

AUSTIN, TEXAS

3/30/2015 9:12:29 AM

JEFFREY D. KYLE

CLERK2 imprisonment for each count to run concurrent with cause number 14

- 0874

-

K368 . The date of sentencing was July 23, 2014.

III.

Appellant’ s notice of appeal was filed on August 20, 2014

. A motion

for ne w trial was filed on August 21 , 2014

. The reporter’ s record was filed

on November 19

, 2014 . The clerk’ s record was f iled on September 8, 2014

and supplemental clerk’s reco rd s were filed on September 18, 2014

,

November 21, 2014, November 24 , 2014 and November 26, 2014 . The due

date for t he brief is Monday, March 30 , 2015

.

IV.

This is Appellant’s third motion for extension of time to file his

brief. Appellant re spectfully requests a thirty day extension of time to file

the brief, which would make su ch brief due on Thursday, April 30

, 2015

.

V.

The undersigned attorney has been unable to complete the brief due to

lack o f time. Counsel has completed his review of the record and the

research associated with several legal arguments that may be presented in his

case and is the process of drafting his brief. He has not been able to devote

sufficient time to complete the final draft of his brief however due t o a

demanding workload that includes numerous cases and appeals in several3 counties. Counsel is currently working on four felony appeals, two of which

are due within the next week, and one misdemeanor appeal that will possibly

require a hearing on a motio n for new trial. Counsel’s active caseload

beyond appellant work includes approximately thirty

- five cases in three

different counties. For this reason the undersigned attorney asks that this

extension be granted so that he may devote the additional time necessary to

effectively represent Appellant and so that justice may be done in this case.

Respectfully Submitted,

/s/ Dal Ruggles

DAL RUGGLES

Attorney at Law

1103 Nueces St.

Austin, Texas 78701

Phone: (512) 477

- 7991

Facsimile : (512) 477

- 3580

SBN: 24041834

Email: dal@ruggleslaw.com

ATTORNEY FOR APPELLANT4 CERTIFICATE OF SERVICE

I, Dal Ruggles , hereby certify that a true and correct copy of the

foregoing Appella nt’s Thir d Motion for Extension of Time to File Brief was

e

- serv ed to Mr . John C. Preza s of the Williamson County District Att orney's

Office on this the 30 th day of March , 2015

.

/s/ Dal Ruggles

DAL RUGGLES