James Friend v. State of Texas

6th Court of Appeals No. 06-15-00099-CR

Appellant’s Motion for Extension of Time to File Brief

Page 1 of 6

NO. 06-15-00099-CR

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 APPEALS:

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 nor obtained any prior briefing extensions 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

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 8/12/2015 10:41:34 AM DEBBIE AUTREY Clerk
James Friend v. State of Texas

6th Court of Appeals No. 06-15-00099-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 102nd District Court of Bowie County, Texas, on July 13, 

2015;

■ Preparation 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 Daniels, 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 TexasTexarkana 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 Division, on July 

16, 2015;
James Friend v. State of Texas

6th Court of Appeals No. 06-15-00099-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 Court 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 TexasTexarkana 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 August 
James Friend v. State of Texas

6th Court of Appeals No. 06-15-00099-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 August 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 102nd 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 102nd District Court of Bowie County, Texas, on 

August 5, 2015;

■ Preparation for and attendance at plea and sentencing hearing in State of 

Texas v. Devin Bennett, pending in the 102nd District Court of Bowie County, Texas, 

on August 6, 2015;

■ Preparation for and attendance at Lafayette 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 Texas

6th Court of Appeals No. 06-15-00099-CR

Appellant’s Motion for Extension of Time to File Brief

Page 5 of 6

IV.

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

VI.

Without additional time, Appellant will be denied effective assistance of 

counsel on appeal, to which he is entitled.

WHEREFORE, Appellant requests that the 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 APPELLANT
James Friend v. State of Texas

6th Court of Appeals No. 06-15-00099-CR

Appellant’s Motion for Extension of Time to File Brief

Page 6 of 6

CERTIFICATE OF SERVICE

On this 12th day of August, 2015, I hereby certify that a true and correct copy of 

the foregoing 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