CAUSE NO. 12-15-00068-CR & 12-15-00069-CR

ANDREW PJ WHITAKER § IN THE TWELFTH COURT

 §

vs. § OF APPEALS DISTRICT

 §

THE STATE OF TEXAS § TYLER, TEXAS

MOTION FOR PERMISSION TO FILE LATE BRIEF

TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:

COMES NOW, Andrew PJ Whitaker, the Appellant, in the above–styled and numbered

cause, and pursuant to Rule 10 of the Rules of Appellate Procedure, files this motion requesting

that the Court extend the time for filing the Appellant’s brief in this cause, and in support shows

as follows:

A.

1. The case is on appeal from the 420th Judicial District Court, Nacogdoches County,

Texas.

2. The style and number of the case in the trial court is Cause Number: F1421007 &

F1521497; State of Texas vs. Andrew Whitaker; Andrew PJ Whitaker vs. The

State of Texas; Cause Numbers: 12–15–00068–CR & 12–15–00069–CR.

3. The Appellant was charged with one count of Unauthorized Use of a Motor

Vehicle and one count of Evading Arrest.

4. Punishment was assessed at confinement in the State Jail Division of the Texas

Department of Criminal Justice, Institutional Division for a period of two (2) years

confinement and thirteen (13) years confinement in the Institutional division of the

Texas Department of Criminal Justice.

5. The deadline for filing the Appellant’s brief is due July 8, 2015.

6. The Appellant seeks an extension of time of 12 days until July 20, 2015, in order

that Appellant’s brief be considered timely filed.

7. This is the Appellant’s second motion for extension of time to file the Appellant’s

brief.

ACCEPTED

12-15-00068-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

7/20/2015 12:00:00 AM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 7/19/2015 8:46:48 PM CATHY S. LUSK Clerk
B.

This extension is not sought for the purpose of delaying this appeal, but for the following

reasons:

1. That Appellant’s continues to desires to prosecute Appellant’s appeal;

2. That Appellant is incarcerated and remains indigent;

3. That through no fault of Appellant, Appellant brief was not filing timely;

4. That Appellant’s counsel was previously hospitalized however, Appellant’s

counsel has prepared Appellant’s brief and request extension to file Appellant’s

brief so that the brief maybe timely and considered by this Court.

C.

On July 19, 2015, by copy of this motion, Appellant’s counsel has advised the

Nacogodoches County District Attorney’s Office of this motion who have not objected.

WHEREFORE, PREMISES CONSIDERED, Counsel for the Appellant prays that the

Court grant leave for Appellant to file Late Brief until July 20, 2015, for filing of Appellant’s

brief.

Respectfully submitted,

___________________________________

WINFRED A. SIMMONS, II

115 West Shepherd Avenue

Lufkin, Texas 75904

(936) 632-3242 (phone)

(936) 632-4325 (fax)

SBN 00794636

lawyersimmons@consolidated.net

Attorney for Appellant
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Motion for Extension of Time the file

Appellant’s Brief was delivered via facsimile transfer/ hand delivery/ certified mail, to the

Nacogdoches County District Attorneys’s Office.

____________________________________

Winfred A. Simmons, II