Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/18/2015 4:05:46 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 6/18/2015 4:05:46 PM JEFFREY D. KYLE 03-15-00121-CR AUSTIN, TEXAS *1 ACCEPTED [5737216] CLERK NO. 03-15-00121-CR IN THE COURT OF APPEALS THIRD DISTRICT OF TEXAS AT AUSTIN, TEXAS TOM BENSON Appellant, VS.
THE STATE OF TEXAS, Appellee.
APPELLANT'S UNOPPOSED MOTION TO EXTEND TIME TO FILE
HIS REPLY BRIEF TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Appellant, Tom Benson asks this Court to grant an extension of time to file
his reply brief.
Introduction 1. Appellant is Tom Benson; appellee is The State of Texas.
2. There is no specific deadline to file this motion to extend time. See Tex. R. App.
P. 38.6(d).
APPELLANT'S UNOPPOSED MOTION TO EXTENT TIME TO FILE HIS REPLY BRIEF
PAGE l *2 Argument & Authorities 3. The Court has the authority under Texas Rule of Appellate Procedure 38.6(d) to
extend the time to file a brief.
4. Appellant's reply brief is due on June 18, 2015.
5. Appellant requests the Court to extend the date his reply brief is due until June
25, 2015.
6. No previous extension has been granted to extend the time to file Appellant's
reply brief.
7. Appellant needs additional time to file his reply brief for two reasons: the staff
member who helps in the preparation of the briefs in on vacation this week and the
construction of the statute in question as raised in the State's brief was not
contained in the State's Motion for Summary Judgment and not presented to the
trial court and it has required additional time to completely present the issue in the
reply brief. The purpose of this request is not for delay but to see that justice is
done on issue raised by the State.
Conclusion 8. The appellant needs and requests an extension until June 25, 2015 to file his
brief and the State of Texas does not opposed the request.
APPELLANT'S UNOPPOSED MOTION TO EXTENT TIME TO FILE HIS REPLY BRIEF
PAGE2 *3 Prayer 9. For these reasons, Appellant asks the Court to grant an extension of time to file
his reply brief until June 25, 2015.
Respectfully submitted, Isl Tom Benson Tom Benson, Prose 900 Jackson Street, Suite 750 Dallas, Texas 75202-4461 Texas Bar I.D. 02170500 (214) 742-9898 tomrbenson@gmail.com Certificate of Conference I certify that on June 18, 2015, my office communicated by email with Mr.
Tim Labadie, Assistant Travis County Attorney to tim.labadie@traviscountytx.gov
, Attorney for Appellee The State of Texas, who stated that he is unopposed to the
relief requested in the foregoing motion.
Isl Tom Benson Tom Benson APPELLANT'S UNOPPOSED MOTION TO EXTENT TIME TO FILE HIS REPLY BRIEF
PAGE3 *4 CERTIFICATE OF SERVICE I certify that I have on this 18th day of June, 2015, before 5:00 P.M., caused
a true and correct copy of the foregoing Appellant's Unopposed Motion to Extend
Time to File his Reply Brief to Mr. Tim Labadie, Assistant Travis County
Attorney by email to tim.labadie@traviscountytx.gov.
/s/ Tom Benson Tom Benson APPELLANT'S UNOPPOSED MOTION TO EXTENT TIJ\1E TO FILE HIS REPLY BRIEF
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