Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/7/2015 6:11:13 PM JEFFREY D. KYLE Clerk NO. 03-15-00290-CR THIRD COURT OF APPEALS 8/7/2015 6:11:13 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00290-CR *1 ACCEPTED [6414289] CLERK IN THE COURT OF APPEALS FOR THE THIRD SUPREME JUDICIAL DISTRICT
AT AUSTIN, TEXAS RAFAEL HERNANDEZ-PRADO, Appellant vs.
THE STATE OF TEXAS, Appellee Appeal from the 33rd Judicial District Court
Cause No. 9767A Burnet County, Texas The Honorable J. Allan Garrett, Judge Presiding
APPELLANT'S FIRST MOTION FOR EXTENSION OF TIME
State Bar No. 24056166 Austin, Texas 78701 Fax: (512) 469-9102 ATTORNEY FOR APPELLANT *2 ORAL ARGUMENT IS NOT REQUESTED
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE BRIEF
Appellant, Rafael Harnandez-Prado, files this, his “First Motion for
Extension of Time to File Brief,” and in support thereof shows as follows.
I.
1. Appellant's Motion is brought pursuant to TEX.R.APP.P 10.5(b).
2. Appellant has not requested previously an extension of time within which to
file his brief.
3. Appellant's brief was due on July 30, 2015.
4. Appellant's attorney had a very busy trial schedule in July and August 2015.
Counsel has maintained a busy appellate schedule including authoring three
appellate briefs in unrelated appeals during this same time period. Additionally,
Appellant’s attorney had an unexpected death in his immediate family in June
2015 and took time off to manage those affairs.
5. In order to address the issues raised in the present appeal thoroughly,
Appellant's attorney will require more time to complete his brief. Appellant’s
attorney will require until September 30, 2015 to complete his brief.
6. Accordingly, Appellants request that this Court allow him until September
30, 2015 to file his brief.
Respectfully submitted, /s/ Gary Prust Gary E. Prust SBN 24056166 Austin, Texas 78701 Fax: (512) 469-9102 gary@prustlaw.com Attorney for Appellant CERTIFICATE OF SERVICE In compliance with Rule 9.5(d) of the Texas Rules of Appellate Procedure,
the undersigned attorney certifies that a true and correct copy of the foregoing
Motion was served Mr. Gary Bunyard of the 33 rd and 424 th District Attorney’s
Office via electronic service through efile.txcourts.gov on this 7th day of August
2015.
/s/ Gary E Prust Gary E. Prust CERTIFICATE OF CONFERENCE In compliance with Rule 10.1(a)(5) of the Texas Rules of Appellate
Procedure, the undersigned attorney certifies he conferred with the 33rd and 424th
District Attorney’s Office via email communication concerning this motion on the
5 th day of August, 2015.
/s/ Gary Prust Gary E. Prust CERTIFICATE OF COMPLIANCE Pursuant to T EX . R. A PP . P ROC . 9.4(i)(3), I hereby certify this brief contains
165 words. This is a computer-generated document created in Microsoft word,
using 14-point typeface. In making this this certificate, I rely on the word county
provided by the software use to prepare the document.
/s/ Gary Prust