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CAUSE NUMBER 12-15-00018-CR 

TIMOTHY TANNER VIATOR IN THE 

VS. TWELFTH JUDICIAL DISTRICT 

THE STATE OF TEXAS COURT OF APPEALS 

APPELLANT'S 

FIRST MOTION TO EXTEND TIME TO FILE BRIEF 

TO THE HONORABLE JUDGES OF SAID COURT: 

COMES NOW Appellant Timothy Tanner Viator, by and through Colin D. McFall, 

Attorney of Record, in the above numbered and styled cause, pursuant to Rule 10.5 (b) and Rule 

38.6 (d), Texas Rules of Appellate Procedure, and for good cause moves this Court grant 

Appellant's First Motion to Extend Time to File Brief. In support of said motion, the Appellant 

would respectfully show this Honorable Court the following: 

I. 

Pursuant to Rule 10.5(b) (1) (A), Texas Rules of Appellate Procedure, Appellant's Brief is 

due on the 22ndday of July 2015. 

II. 

Pursuant to Rule 10.5(b) (1) (B), Texas Rules of Appellate Procedure, Appellant 

respectfully request a thirty (30) day extension of time to file Appellant's Brief If granted, 

Appellant's Brief would be due on the 21'tday of August 2015. 

ACCEPTED

12-15-00018-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

7/22/2015 6:09:39 PM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 7/22/2015 6:09:39 PM CATHY S. LUSK Clerk
ZOO ZO:81 SIOZ-ZZ-LO 

III. 

Pursuant to Rule 10.5(b) (1) (C), Texas Rules of Appellate Procedure, Counsel relies on the 

following facts to reasonably explain the need for the requested extension: 

Counsel is engaged in the multijurisdictional private practice of law. Counsel engages in 

the practice of family law, juvenile law, criminal defense and quasi criminal proceedings. 

Counsel operates two offices in the East Texas area. Counsel submits his work load is high. 

Because of the demands of private practice and a high work load, Counsel has not had an 

effective amount of time to draft an appellate brief Counsel needs the requested extension of 

time to effectively represent Appellant. Appellant is entitled to the effective representation of 

Counsel. 

IV. 

Pursuant to Rule 10.5(b) (1) (D), Texas Rules of Appellate Procedure, this is Counsel's 

first motion for an extension of time to file Appellant's Brief 

V. 

Pursuant to Rule 10.1(5), Texas Rules of Appellate Procedure, Counsel was not able to 

consult with opposing counsel, to confirm the instant motion is unopposed. 

VI. 

WHEREFORE, PREMISES CONSIDERED, Appellant Timothy Tanner Viator, prays 

the Appellate Court grant Appellant's First Motion to Extend Time to File Brief, and grant 

Counsel an additional thirty (30) days to file Appellant's Brief 
COLIN D. CFALL 

Attorney at Law 

Texas Bar Number: 24027498 

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RESPECTFULLY SUBMITTED, 

AOgadp,411r7, 

COLIN D. LL 

Attorney at Law 

Texas Bar Number: 24027498 

513 North Church Street 

Palestine, Texas 75801-2962 

Telephone: 903-723-1923 

Facsimile: 903-723-0269 

Email: cmcfall@mcfall-law-office.com 

CERTIFICATE OF SERVICE 

I, Colin D. McFall, Attorney of Record for the above styled Appellant, hereby certify 

service of a true and correct copy of the above and foregoing document upon Anderson County 

Assistant Criminal District Attorney, Scott Holden, at sholden !_,co.anderson.tx.us, by email 

transmission, on the 22ndday of July 2015. 

RESPECTFULLY SUBMITTED, 

513 North Church Street 

Palestine, Texas 75801-2962 

Telephone: 903-723-1923 

Facsimile: 903-723-0269 

Email: cmcfall@mcfall-law-office.com 
COLIN D. MC 

2015. 

-4 Air ,..f 

otary Public in d for the State of Texas 

My commission expires: 8/-- I — 

CAUSE NUMBER 12-15-00018-CR 

TIMOTHY TANNER VIATOR IN THE 

VS. TWELFTH JUDICIAL DISTRICT 

THE STATE OF TEXAS COURT OF APPEALS 

AFFIDAVIT 

BEFORE ME, the undersigned notary, on this day, personally appeared Colin D. McFall, 

a person whose identity is known to me. After I administered an oath to Colin D. McFall, upon 

his oath, he said: 

"My name is Colin D. McFall. I am over eighteen (18) years of age, of sound mind and 

capable of making this Affidavit. I am the Attorney of Record for Timothy Tanner Viator, in the 

above numbered and styled cause. I have read the Appellant's First Motion to Extend Time to 

File Brief and swear the facts relied on are within my personal knowledge. 

SWORN to and SUBSCRIBED before me by Colin D. McFall on the 22nd day of July 

4..57,Z,, FALLON ASHLEY PIERCE 

?_°` `6= Notary Public, State of Texas 

My Commission Expires 

August 01, 2018