Case Information

*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 2/6/2015 6:30:25 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00716-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/6/2015 6:30:25 PM KEITH HOTTLE CLERK No. 04-14-00716-CR _________________________________ IN THE COURT OF APPEALS FOR THE FOURTH JUDICIAL DISTRICT SAN ANTONIO, TEXAS _________________________________ Francisco Javier Azuara, Jr.

Appellant, v.

The State of Texas Appellee, ________________________________ On Appeal From the 111 th Judicial District Court Webb County, Texas _________________________________ Appellant’s Un-Opposed Motion for Leave to File Appellant’s Amended Brief _________________________________ Oscar A. Vela, Jr. Texas Bar No. 24004967 Appellate counsel for Francisco Javier Azuara, Jr. THE LAW OFFICE OF OSCAR A. VELA, JR., P.C. 1004 E. Hillside Road, Ste. B Telephone: (956) 568-0221 Facsimile: (956) 568-0052 ovela@thevelafirm.com *2 __________________________________________________________________

Appellant’s Un-Opposed Motion for Leave of Court to file Amended Appellate Brief __________________________________________________________________

TO THE HONORABLE COURT:

Comes now, FRANCISCO JAVIER AZUARA, JR., appellant, and files this

un-opposed motion for leave of Court to file Appellant’s Amended Brief. In

support of this motion, appellant shows the court the following:

I. Background Information 1. This case arises from a conviction rendered on July 28, 2014, after a

jury trial in a Cause No. 2014-CRM-000389-D2 styled State of Texas v.

FRANCISCO JAVIER AZUARA, JR., in the 111 th Judicial District Court, Webb

County, Texas.

2. Appellant filed his notice of appeal on October 10, 2014.

3. The Clerk’s record was filed with the Court on November 14, 2014.

4. The Reporters record was filed with the Court on December 2, 2014.

5. The deadline to file Appellant’s brief was February 2, 2015.

6. Appellant filed his original brief on February 2, 2015.

II. Un-Opposed Motion for Leave to File Amended Brief 7. Appellant, by and through the undersigned counsel of record,

respectfully request this Court to grant him leave of court to file his amended

appellate brief. After filing Appellant’s brief, the undersigned counsel discovered

some errors in the brief and an additional point of error that is raised in the

amended brief. The amended brief is being filed just three days from the filing

deadline.

III. Statement of Conference 8. Counsel would show that on February 4, 2015, he conferred with

Assistant Webb County District Attorney David Reuthinger about this motion and

he does not oppose leave of court to file the amended brief.

WHEREFORE, PREMISES CONSIDERED Appellant’s request that

Court grant his leave of Court to file Appellant’s Amended Brief, which is being

filed simultaneously with this motion.

Respectfully submitted, /s/ Oscar A. Vela, Jr. Oscar A. Vela, Jr. Texas Bar No. 24004967 Appellate counsel for Appellants THE LAW OFFICE OF OSCAR A. VELA, JR., P.C. 1004 E. Hillside Road, Ste. B Telephone: (956) 568-0221 Facsimile: (956) 568-0052 ovela@thevelafirm.com *4 CERTIFICATE OF SERVICE I hereby certify that on this February 6, 2015, a true and correct copy of the

above foregoing motion for leave of court to file amended brief was served on the

following:

David L. Reuthinger, Jr. VIA FACSIMILE: (956)523-5054

Assistant District Attorney AND/OR VIA E-MAIL

Webb County District Attorney

1110 Victoria, Suite 401

/s/ Oscar A. Vela, Jr. Oscar A. Vela, Jr. CERTIFICATE OF CONFERENCE The undersigned counsel of record conferred with Mr. David L. Reuthinger,

Jr. on February 4, 2015, about this motion and he is unopposed.

/s/ Oscar A. Vela, Jr. Oscar A. Vela, Jr.