CAUSE NO. 12-15-00111-CR 

CHARLIE JOSEPH MOTES § IN THE

§

VS. § TWELFTH COURT 

§

THE STATE OF TEXAS § OF APPEALS

MOTION TO 

EXTEND TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Appellant in the above styled and numbered cause, and moves this

Court to grant an extension of time to file appellant's brief, pursuant to Rule 38.6 of

the Texas Rules of Appellate Procedure, and for good cause shows the following:

1. This case is on appeal from the 114TH Judicial District Court of Smith County,

Texas.

2. The case below was styled State of Texas v. Charlie Joseph Motes and

numbered 114-1777-13.

3. Appellant was convicted of Evading Detention with a Vehicle. Appellant was 

assessed a sentence of ten (10) years confinement in TDCJ-ID.

5. Notice of Appeal was given on April 30, 2015.

6. The Clerk's Record was filed on May 21, 2015; the Reporter's Record was filed

on May 21, 2015 and June 23, 2015. 

7. The Appellant’s Brief is due on July 23, 2015. Counsel requests the Court an

extension of thirty (30) days due to the number of briefs with deadlines.

8. Appellant requests an extension of time due to the following facts and

circumstances.

Since the Reporter’s Record in this case was completed, Counsel has filed: 

A. Appellant’s Brief in Donald Powell v. State of Texas, cause no. 12-

14-00355-CR on July 6, 2015;

B. Appellant’s Petition for Discretionary Review in Fatima Rahman

v. State of Texas, cause no. PD-0724-15 on July 13, 2015;

ACCEPTED

12-15-00111-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

7/23/2015 4:10:10 PM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 7/23/2015 4:10:10 PM CATHY S. LUSK Clerk
C. A subsequent writ of habeas corpus in Ex parte Clifton Williams,

cause number WR-71,296-02 with the Court of Criminal Appeals

on July 15, 2015;

D. Appellant’s Brief in Ricky Harris v. State of Texas, cause no. 12-

15-00104-CR on July 20, 2015;

E. Appellant’s Brief in Oscar Perkins v. State of Texas, cause no. 12-

15-00001-CR on July 22, 2015.

9. Counsel has appeared in numerous hearings in state and federal court over the

last thirty days, including hearings in the Eastern District of Texas - Tyler

Division, and hearings in Smith and Van Zandt Counties. 

10. Lastly, Appellant’s Counsel has the following briefs pending:

A. Appellant’s Brief in Harold Bass v. State of Texas, cause no. 12-

15-00071-CR on July 30, 2015;

B. Appellant’s Brief in Christopher McLemore v. State of Texas,

cause no. 12-15-00091-CR on August 5, 2015;

C. Appellant’s Briefin Joe Pittman v. State of Texas, cause no. 12-15-

00009-15 on August 12, 2015;

D. Appellant’s Brief in John T. Congleton v. State of Texas, cause no.

12-15-00124-CR on August 19, 2015; 

E. Appellant’s Brief in Brittany Michelle Barrett v. State of Texas,

cause nos. 12-15-00145-CR, 12-15-00146-CR, and 12-15-00147-CR

upon completion of the Clerk’s Record and Reporter’s Record; 

F. Appellant’s Brief in Gaylord Stevens v. State of Texas, cause nos.

12-15-00162-CR, 12-15-00163-CR and 12-15-00164-CR upon the

completion of the Reporter’s Record;

G. Appellant’s Brief in Sidney Lynch v. State of Texas, cause no. 12-

15-00167-15 upon the completion of the Reporter’s Record; and

H. Appellant’s Brief in Hubert Benjamin v. State of Texas, cause no.
12-15-00172-CR upon the completion of the Reporter’s Record.

Counsel is also on the planning committee for, and attending the State Bar of

Texas Advanced Criminal Law Course in San Antonio from July 27 through 30

and the moderator for the half day panel on July 30.

11. Appellant requests an extension of time due to the above referenced facts and

circumstances.

12. Appellant prays that this Court grant this Motion to Extend Time to File

Appellant’s Brief for a period of thirty (30) days, and for such other and further

relief as the Court may deem appropriate.

Respectfully submitted,

Law Office of James W. Huggler, Jr.

100 E. Ferguson, Suite 805

Tyler, Texas 75702

Tel: (903) 593-2400

Fax: (903) 593-3830

Jhugglerlaw@sbcglobal.net

By: /S/ James W. Huggler, Jr.

James W. Huggler, Jr.

State Bar No. 00795437

Attorney for APPELLANT

CERTIFICATE OF SERVICE

This is to certify that on July 23, 2015, a true and correct copy of the above and

foregoing documentwas served on Mike West, Smith County District Attorney’s Office,

100 North Broadway Ave., 4

th Floor, Smith County Courthouse, Tyler, Texas 75702,

by regular mail, fax, hand delivery, or electronic filing. 

 /S/ James W. Huggler, Jr.

James W. Huggler, Jr.