Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/8/2015 4:24:17 PM JEFFREY D. KYLE Clerk No. 03-15-00316-CR THIRD COURT OF APPEALS 10/8/2015 4:24:17 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00316-CR *1 ACCEPTED [7298460] CLERK ______________________________________________________
In The Court Of Appeals For The Third Court Of Appeals District Austin, Texas ______________________________________________________
Heather Lauren Richards, Appellant, v.
The State of Texas, Appellee.
______________________________________________________
ON APPEAL FROM THE 207th DISTRICT COURT, COMAL
COUNTY, TEXAS TRIAL COURT CAUSE NO. CR2014-091
______________________________________________________
APPELLANT’S FIRST MOTION TO EXTEND TIME TO
FILE APPELLANT’S BRIEF ______________________________________________________
Amanda Erwin State Bar No. 24042939 Amanda@therwinlawfirm.com Counsel for Heather Lauren Richards *2 Identity of Parties and Counsel Appellant’s Appellate Counsel:
Amanda Erwin
The Erwin Law Firm, L.L.P.
Appellee:
Chari Kelly
Comal County District Attorney’s Office
150 N. Seguin, Suite 307
New Braunfels, Texas 78130
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.5 and 38.6(d), the Appellant, Heather
Lauren Richards, files this First Motion to Extend Time to File Appellant’s
Brief.
The Appellant’s opening brief is currently due on October 10, 2015 .
Counsel for Appellant, Heather Lauren Richards, requests a 45 day
extension of time to file Appellant’s brief, making the brief due on
November 24, 2015 . This is the first request for extension of time to file the
opening brief.
Counsel for Appellant relies on the following reasons, in addition to the
routine matters that counsel must attend to in daily practice, to explain the
need for the requested extension:
1) Counsel for Appellant has been preparing for an Aggravated
Sexual Assault of a Child case that was set to go to trial on October 12, 2015; however, that case was dismissed on October 6, 2015.
2) Counsel for Appellant has several other approaching jury trial
settings in District and County Courts.
Counsel for Appellant seeks this extension of time to be able to prepare
a cogent and succinct brief to aid this Court in its analysis of the issues
presented. This request is not sought for delay but so that justice may be
done,
All facts recited in this motion are within the personal knowledge of the
counsel signing this motion, therefore no verification is necessary under
Texas Rule of Appellate Procedure 10.2.
PRAYER FOR RELIEF For the reasons set forth above, Appellant respectfully requests that this
Court grant this First Motion to Extend Time to File Appellant’s Brief
and extend the deadline for filing the Appellant’s Brief up to November
24, 2015. Appellant requests all other relief to which Appellant may be
entitled.
Respectfully Submitted, /s/ Amanda Erwin Amanda Erwin The Erwin Law Firm, L.L.P.
Attorney for Appellant *5 CERTIFICATE OF SERVICE Pursuant to TEX. R. APP. P. 9.5, I certify that of October 8, 2015, a
copy of this motion was electronically served, to the following:
Chari Kelly
Comal County District Attorney’s Office 150 N. Seguin, Suite 307 New Braunfels, Texas 78130 /s/ Amanda Erwin Amanda Erwin