Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/12/2015 12:51:35 AM JEFFREY D. KYLE Clerk UMBER N ASE 03-14-00802-CR C THIRD COURT OF APPEALS 5/12/2015 12:51:35 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00802-CR *1 ACCEPTED ^[5240388] CLERK P EDRO E LIZONDO M ARTINEZ , J . OURT OF A PPEAL S

Appellant

VS . T HIRD D ISTRICT OF T EXAS

HE TATE OF T EXAS A USTIN , T EXAS On appeal from the 26th Judicial District Court Williamson County, Texas Cause Number 13-1936-K26 U NOPPOSED M OTION TO E XTEND IME FOR F ILING A PPELLANT ’ S B RIEF *2 I DENTITY OF P ARTIES & OUNSEL A p p e l l a t e Pa r t i e s

M . P EDRO E LIZONDO M ARTINEZ , J R . HE TATE OF T EXAS

Appellant

A p p e l l a t e C o u n s e l

HE H ONORABLE J ANA D UTY Counsel for the State State Bar Number 24000244 405 Martin Luther King, Box 1 Georgetown, Texas 78626 ph (512) 921-8247 fax (512) 451-5882

email jprezas@wilco.org

U NOPPOSED OTION TO XTEND IME FOR F ILING A PPELLANT ’ S B RIEF O THE H ONORABLE OURT : The appellant would show the following:

D e a d l i n e The current deadline for filing the appellant’s brief is May 11, 2015.

L e n g t h o f E x t e n s i o n The appellant is seeking a 60-day extension, which would make the new deadline

July 10, 2015.

N e e d f o r E x t e n s i o n Counsel for the appellant (“Counsel”) is both a solo practitioner in private

practice and chief of staff and general counsel to a state legislator. The “briefing

time” after the reporter’s record was filed in this case not only fell during a

legislative session, but during April and May, by far the Texas Legislature’s busiest

time. The time commitment necessary to attend to these duties has prevented

Counsel from adequately briefing the issues in this appeal despite diligent efforts.

In terms of the length of extension requested, Counsel expects to be in two

felony trials in June: The State of Texas v. Georganne Bernice Shirley , CR-14-0300, and

The State of Texas v. Branden Mika Hampton , CR-14-0597, both in Hays County.

The requested extension should be ample to account for that, and Counsel

believes the appellant’s brief will be timely filed if the extension is granted.

P r e v i o u s E x t e n s i o n s

No previous extensions regarding the appellant’s brief have been requested,

although this court did once extend the deadline on its own motion due to a

delay by the reporter in filing the reporter’s record.

Ve r i f i c a t i o n

This motion need not be verified because of the facts it depends on are within

the personal knowledge of Counsel, whose signature appears below.

C o n f e r e n c e

Although no certificate of conference is required because this is a criminal case,

Counsel has contacted appellate counsel for the State about this motion, and the

State is not opposed to it.

P r ay e r

The appellant respectfully moves this court to grant this motion and extend the

deadline for filing the appellant’s brief to July 10, 2015. ESPECTFULLY UB MITTED , ERTIFICATE OF ERVICE

I certify that on May 11, 2015, a true and correct copy of this document was served on the Honorable Jana Duty (whose address is 405 Martin Luther

King, Box 1, Georgetown, Texas 78626) through the electronic filing manager

and by emailing it to State’s appellate counsel, John Prezas, at jprezas@wilco.org. ellic@sahuallalaw.com