Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 5/7/2015 9:52:47 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00649-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 5/7/2015 9:52:47 PM KEITH HOTTLE CLERK No. 04-14-00649-CR FROM THE 186 TH DISTRICT COURT ALEX GONZALES, §
Appellant §
§
v. § BEXAR COUNTY, TEXAS
§
STATE OF TEXAS §
Respondent. § TRIAL COURT CAUSE NO. 2013-CR-7573
AGREED FIRST MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS:
COMES NOW, ALEX GONZALES, Appellant, and files this motion for an
extension of time in which to file his brief pursuant to Texas Rule of Appellate Procedure
10.5(b). In support of this motion, Appellant shows the court the following:
I.
Appellant was convicted by a jury of Driving While Intoxicated – 3 rd on July 25,
2014. He was sentenced by the trial judge on August 29, 2014 to five (5) years probation.
II.
Notice of Appeal was filed on September 5, 2014 in the trial court. After the clerk
and court reporter’s records were filed, court appointed counsel, William Baskette, failed
to file a brief on Appellant’s behalf. On March 10, 2015, the appeal was abated and
remanded to the trial court for an abandonment hearing. On April 1, 2015, Appellant
retained undersigned counsel. On April 10, 2015, Appellant’s appeal was reinstated and
his brief was ordered to be due on May 11, 2015.
III.
Although this case has been delayed because of prior counsel’s inaction on
prosecuting the appeal, undersigned counsel is in need of additional time to review the
records and research the issue and provide Appellant with a meaningful appeal. In addition
to her regular trial docket, c ounsel was in court litigating pretrial matters in State v.
Cordero , 2013-CR-9774 ; filed a Motion for New Trial in State v. Hernandez , 2014-
CR-8901; was working on and has now filed a Petition for Discretionary Review in Vise v.
State , PD-0272-15; litigated a motion to suppress issue in State v. Alston , 467337 ; and was
attending a post-conviction innocence CLE in Orlando, Florida for two days.
Undersigned counsel is trying to complete the brief as soon as possible, however,
she will be getting married in Cancun, Mexico and on her honeymoon from May 20 th until
May 29 th . Because of her wedding, counsel is requesting just one extension of 45 days, but
anticipates that the brief will be filed sooner.
Undersigned counsel has consulted with Lauren Scott from the Bexar County
District Attorney’s Appellate Section and she agrees to Appellant’s motion for an
extension.
WHEREFORE, Appellant prays the Court grants this first request and extend the
time for filing his brief to Thursday June 25, 2015.
Respectfully Submitted: __/s/Dayna L. Jones DAYNA L. JONES Bar No. 24049450 LAW OFFICE OF DAYNA L. JONES 1800 McCullough Avenue *3 San Antonio, Texas 78212 (210) 255-8525 (210) 223-3248 – FAX CERTIFICATE OF SERVICE
I hereby certify that a copy of the above foregoing Notice of Appearance has been
delivered via email to the Bexar County District Attorney’s Office at:
Jeanette.canales@bexar.org On May 7, 2015.
___ /s/Dayna Jones____________ DAYNA JONES *4 No. 04-14-00649-CR FROM THE 186 TH DISTRICT COURT ALEX GONZALES, §
Appellant §
§
v. § BEXAR COUNTY, TEXAS
§
STATE OF TEXAS §
Respondent. § TRIAL COURT CAUSE NO. 2013-CR-7573
ORDER ON APPELLANT’S FIRST
MOTION FOR EXTENSION OF TIME TO FILE BRIEF On this the ______ day of _________, 2015, came to be heard Appellee’s First Motion
for Extension of Time to File his brief, and it appears to the court that this motion should be:
GRANTED DENIED
IT IS THEREFORE ORDERED that the time for filing Appellee’s Brief in this cause be
extended to May ______, 2015.
__________________________ JUDGE PRESIDING SIGNED THIS THE _________ DAY OF _______________, 2015.