James Friend v. State of Texa s 6 th Court of Appeals No . 06

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IN THE COURT OF APPEALS SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA
JAMES FRIEND Appellant

v.
STATE OF TEXAS Appellee
APPELLANT ’ S MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE COURT OF APP EALS:
COMES NOW the Appellant, JAMES FRIEND , by and through counsel of record, Jason Horton , and for his Motion for Extension of Time to File Brief states as
follows:
I. Appellant ’s Brief is due on August 12, 2015

. II. Appellant has neither sought no r obtained any prior briefing extension s in this

case.
III. Appellant requests additional time to (1) review the record for all possible points on appeal , and (2) prepare Appellant ’ s brief . Appellant’s counsel ’ s trial and ACCEPTED 06-15-00099-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 8/12/2015 10:41:34 AM DEBBIE AUTREY

CLERKJames Friend v. State of Texa s 6 th Court of Appeals No . 06

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- CR Appellant’s Motion for Extension of Time to File Brief Page 2 of 6 appellate caseload and schedule have prevented said attorney from being able to devote the necessary time to complete Appellant’s brief. Said caseload and schedule includes, but is not limited to, the following since the filing of the record :

■ Preparation for and attendance at minor prove

- up hearing in Maria Espinosa and Arcadio Pacheco, Individually and as Next Friend of Carmen Pacheco v. Jasmin
Gonzalez , pending in the 1 02 nd District Court of Bowie County, Texas, on July 13,
2015 ;

■ Prepa ration for and attendance at pretrial hearing in State of Arkansas v. Christopher Phillips , pending in the Circuit Court of Miller County , Arkansas, on July 14, 2015;

■ Preparation for and attendance at pretrial hearing in State of Arkansas v.
Dana Danie ls , pending in the Circuit Court of Miller County , Arkansas, on July 14, 2015;

■ Preparation for and attendance at change of plea hearing in United States v. Raul Saucedo , pending in the United States District for the Eastern District of Texas

Texarkana Division, on July 16, 2015;

■ Preparation for and attendance at proffer meeting with client and Assistant United States Attorney in United States v. Robert Gene Dethrow , pending in the
United States District for the Eastern District of Texas

- Texarkana Di vision, on July 16, 2015;James Friend v. State of Texa s 6 th Court of Appeals No . 06

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- CR Appellant’s Motion for Extension of Time to File Brief Page 3 of 6 ■ Preparation for and attendance at Miller County criminal docket (full day) in the Circuit Court of Miller County, Arkansas, on July 21, 2015 ;

■ Preparation for and attendance at Miller County juvenile docket in the
Circuit C ourt of Miller County, Arkansas, on July 22, 2015 ;

■ Preparation for and attendance at presentence interview in United States v. Raul Saucedo , pending in the United States District for the Eastern District of Texas

Texarkana Division, on July 29, 2015;

■ Record review, research Appellant’s points on appeal, and file various
motions in Alicia Dawn Smith v. Lloyd Draughon Smith , pending in the Arkansas Court of Appeals, from July 11

- 31, 2015;

■ Preparation for and attendance at change of plea hearing in El Dorado, Arkansas, in United States v. Clarisse Carey , pending in the United States District Court for the Western District of Arkansas, on August 3, 2015

■ Preparation for and attendance at pretrial hearing in State of Arkansas v. Lindsay Miller , pending in the Circuit Court of Little River County, Arkansas , on August 4, 2015 ;

■ Preparation for and attendance at Miller County criminal docket (full day) in the Circuit Court of Miller County, Arkansas, on August 4, 2015 ;

■ Preparation for and attendance at pretrial hearing in State of Arkansas v. Joshua Mooney , pending in the Circuit Court of Miller County, Arkansas, on AugustJames Friend v. State of Texa s 6 th Court of Appeals No . 06

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- CR Appellant’s Motion for Extension of Time to File Brief Page 4 of 6 4, 2015 ;

■ Preparation for and attendance at Miller County juvenile docket in the Circuit Court of Miller County, Arkansas, on A ugust 5, 2015 ;

■ Preparation for and attendance at plea and sentencing hearing in State of Arkansas v. Jeffrey Shelton , pending in the Circuit Court of Howard County,
Arkansas , on August 5, 2015 ;

■ Preparation for and attendance at pre

- indictment hearing in State of Texas v. Larry Foster , pending in the 102 nd District Court of Bowie County, Texas, on August 5, 2015;

■ Preparation for and attendance at pre

- indictment hearing in State of Texas v.
Demarcus James , pending in the 102 nd District Court of Bowie Count y, Texas, on August 5, 2015;

■ Preparation for and attendance at plea and sentencing hearing in State of
Texas v. Devin Bennett , pending in the 102 nd District Court of Bowie County, Texas,

on August 6, 2015;

■ Preparation for and attendance at La fayette County criminal docket in the
Circuit Court of Lafayette County, Arkansas, on August 7, 2015 ; and

■ Preparation for trial in Sacor Financial, Inc. v. Ken and Amy Cullipher , pending in the Circuit Court of Miller County, Arkansas, from August 7

- 13, 2015.James Friend v. State of Texa s 6 th Court of Appeals No . 06

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I V. This motion is made in good faith and not for purposes of delay.
V I

. Without additional time, Appellant will be denied effective assistance of counsel on appeal, to which he is entitled.
WHEREFORE , Appellant requests that th e deadline for the filing of his Brief
be extended thirty ( 30 ) days , and for any such other relief to which he may be entitled. Respectfully submitted,
JASON HORTON LAW FIRM 114 West Broad Street Texarkana, Texas 75501 Mail to: P.O. Box 1596 Texarkana, Texas 75504 T

- (903 ) 792

- 2000 F

- (903) 792

- 2100
BY: /s/ Jason Horton Jason Horton jason@jasonhortonlaw.com Texas Bar Number 24041130
ATTORNEY FOR APPELLANTJames Friend v. State of Texa s 6 th Court of Appeals No . 06

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- CR Appellant’s Motion for Extension of Time to File Brief Page 6 of 6 CERTIFICATE OF SERVICE
On this 12 th day of August, 2015 , I hereby certify that a true and correct copy of

t he fo regoing instrument will be served on the Bowie County District Attorney ’s
Office , according to the Texas Rules of Appellate Procedure and the rules of this
Court.
/s/ Jason Horton Jason Horton