Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 1 

Fehr v. State; Cause No. 03-15-00231-CR

CAUSE NO. 03-15-00231-CR

_________________________________________________ 

IN THE COURT OF APPEALS 

FOR THE THIRD DISTRICT OF TEXAS 

AUSTIN DIVISION 

_________________________________________________ 

JONATHAN LEE FEHR § 

 § 

v. § 

 § 

STATE OF TEXAS § 

_______________________________________________ 

APPELLANT’S SECOND MOTION TO EXTEND 

TIME TO FILE APPELLANT’S BRIEF

_______________________________________________ 

 

 

 Justin Bradford Smith 

 Texas Bar No. 24072348 

 Harrell, Stoebner, & Russell, P.C. 

 2106 Bird Creek Drive 

 Temple, Texas 76502

 Phone: (254) 771-1855 

 FAX: (254) 771-2082 

Email: justin@templelawoffice.com 

 

ATTORNEY FOR APPELLANT 

ACCEPTED

03-15-00231-CR

6119024

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/17/2015 2:57:42 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/17/2015 2:57:42 PM JEFFREY D. KYLE Clerk
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 2

Fehr v. State; Cause No. 03-15-00231-CR

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Appellant, JONTHAN LEE FEHR, who files this Second 

Motion for Extension of Time to File Appellant’s Brief, and shows unto the Court 

as follows:

I.

Appellant’s brief is due on or before July 20, 2015.

II.

Appellant seeks an additional thirty (30) days to file his brief, which should 

make his brief due on or before August 19, 2015.

III.

Facts relied on to reasonably explain the need for an extension include the 

following:

1. Drafting and filing brief on a capital murder appeal Sherill 

Small v. Texas; 14-15-00039-CR, in the 14th Court of Appeals, 

submitted for filing on July 13, 2015 (accepted after corrections 

on July 14, 2015). Work performed frequently if not almost 

daily: the record is unusually lengthy (23 volumes for the 

Reporter’s Record, and three Clerk’s Records), and Appellant’s 

counsel was required to create an appendix due to the volume 
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 3

Fehr v. State; Cause No. 03-15-00231-CR

of the exhibits and the fact that they are not Bates-stamped, 

which significantly increased the work. 

2. Draft and file motion for temporary orders pending appeal,

motion for continuance of motion for new trial/motion for 

alternative judgment hearing; attend original hearing and reset 

hearing, prepare for reset hearing; and work on modified order; 

complete and file docketing statement; in In re: B.M.W., A 

Child; Cause No. 231,743-B; 146th District Court, Bell County, 

Texas (on appeal, In re: B.M.W., 03-15-00380-CV. Work 

performed on June 19, 2015, June 24, 2015, July 2, 2015, July 

14, 2015, July 15, 2015, and July 16, 2015.

3. Respond to request from the trial court regarding the State’s 

position that no findings of fact and conclusions of law required 

in In re: C.P., Cause No. 03-15-00276-CV, in the Third Court 

of Appeals. Work performed on June 26, 2016.

4. Review opinion, send to client, and perform legal research 

regarding possibility of filing a motion for rehearing in Billy 

Wayne Speights v. State of Texas, PD-0543-14, Court of 
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 4

Fehr v. State; Cause No. 03-15-00231-CR

Criminal Appeals, issued on July 1, 2015 (motion for rehearing 

research done on July 16, 2015).

5. Review opinion and send to client with explanation of petition 

for discretionary review process (and enclosing rules and 

documents to assist him) for Lane Andrew Pickle v. State, 

Cause No. 07-15-00021-CR, Amarillo Court of Appeals. 

Opinion issued on June 17, 2015, work performed on June 18, 

2015.

6. Initial work (motion for new trial, request reporter’s record, 

request clerk’s record) for The State of Texas v. Darrell Wayne 

Love, Cause No. 73,401, 27th District Court of Bell County, 

Texas. Work performed on July 2, 2015.

7. Complete and file docketing statement for The State of Texas v. 

Santos Salinas; Cause No. 42,622; 424th District Court of 

Burnet County, Texas; 03-15-00364-CR; Transferred to the 

Thirteenth Court of Appeals, 13-15-00310-CR. (Work 

performed on June 19, 2015).

8. Prepare Motion for Withdrawal as Counsel and Motion for 

Continuance for filing, and related work (draft order, letter to 
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 5

Fehr v. State; Cause No. 03-15-00231-CR

client), in Discover Bank v. Rodney C. Stevens, Cause No. 31-

2014-S-0007765. Work performed on June 30, 2015.

9. Final Hearing on Non-Judicial Foreclosure on July 17, 2015 in 

21st Century Mortgage Corporation v. Thomas Walker, et al; 

Cause No. 271,117-B; 146th District Court, Bell County, Texas

[reset from May].

10. Complete CLE hours (around June 22, 2015 or so).

11. Time lost due to Appellant’s office being closed for 

Independence Day on July 3, 2015.

IV.

One previous extension has been requested and granted in this matter.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to 

extend his time for filing his brief to thirty (30) days from the date his brief is 

currently due.
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 6

Fehr v. State; Cause No. 03-15-00231-CR

Respectfully submitted:

/s/ Justin Bradford Smith

Justin Bradford Smith

Texas Bar No. 24072348

Harrell, Stoebner, & Russell, P.C.

2106 Bird Creek Drive

Temple, Texas 76502

Phone: (254) 771-1855

FAX: (254) 771-2082

Email: justin@templelawoffice.com

ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that, on July 17, 2015, a true and correct copy of the 

Appellant’s Second Motion to Extend Time to File Appellant’s Brief was provided

to counsel via the method indicated below:

Llano County District Attorney

c/o Gary W. Bunyard

P.O. Box 725

Llano, Texas 78643

Fax: 325-247-5274

Email: g.bunyard@co.llano.tx.us

VIA ESERVICE

Attorneys for State of Texas
Appellant’s Second Motion to Extend Time to File Appellant’s Brief Page 7

Fehr v. State; Cause No. 03-15-00231-CR

/s/ Justin Bradford Smith

Justin Bradford Smith