Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/10/2015 12:00:00 AM JEFFREY D. KYLE Clerk 03-15-00232-CR THIRD COURT OF APPEALS 8/10/2015 12:00:00 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00232-CR *1 ACCEPTED ^[6415826] CLERK ALICIA NICOLE PEREZ, § IN THE §

Appellant

vs. § THIRD COURT

§

STATE OF TEXAS, § OF APPEALS

Appellee

APPELLANT'S FIRST MOTION TO EXTEND TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Alicia Nicole Perez, Appellant in the above styled and

numbered cause, and moves this Court to grant an extension of time to file

appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure,

and for good cause shows the following:

1. This case is on appeal from the 207th Judicial District Court of Carnal

County, Texas.

2. The case below was styled the STATE OF TEXAS vs. ALICIA

NICOLE PEREZ, and numbered CR2012-603

3. Appellant was convicted of possession of a controlled substance.

4. Appellant was assessed probated sentence of four years.

5. Notice of appeal was given on 4/22/2015.

6. The clerk's record was filed on 6/12/2015; the reporter's record was

filed on 7/17/2015.

7. The appellate brief is currently due on 8/17/2015.

8. Appellant requests an extension of time of 30 days from August 17,

2015, to September 16, 2015.

9. No prior extensions have been received in this cause.

10. Defendant is currently free on bond.

11. Appellant relies on the following facts as good cause for the requested

extension:

Counsel just completed and filed a brief on August 10, 2015 in the

Fourteenth Court of Appeals, No. 14-15-00023-CR, Emmett Jeffrey

Banks v. State of Texas, and has simply struggled under a heavy

caseload over the past several months. She has been appointed to

many serious cases, and has prepared for and tried several serious

cases since the first of the year. As a result, she has been unable to

meet deadlines, despite working 60-70 hours/week, and was finding it

difficult to maintain her practice at this level.

She has now notified all of the trial courts in her counties of practice

that she is no longer available to assist with court-appointed cases,

until further notice. Counsel has also submitted a vacation letter for

three weeks in August, most of which will be devoted exclusively to

writing appellate briefs. However, before Counsel can devote time to

writing this brief, she must complete two others: State of Texas v.

Courven Thomas, No. 04-14-00756 out of the Fourth Court of

Appeals, and Robert Rodriguez v. State of Texas, No.

04-15-00204-CR also out of the Fourth Court of Appeals.

WHEREFORE, PREMISES. CONSIDERED, Appellant prays that this

Court grant this First Motion To Extend Time to File Brief, and for such other and

further relief as the Court may deem appropriate.

Respectfully submitted, Schoon Law Firm, P.C.

200 N. Seguin Avenue New Braunfels, Texas 78130 Tel: (830) 627-0044 Fax: (830) 620-5657 sschoon@zslawoffi~ By:~ susallhoon

State Bar No. 24046803 Attorney for Appellant CERTIFICATE OF SERVICE This is to certifY that on August 10, 2015, a true and correct copy of the

above and foregoing document was served on the District Attorney's Office, Coma!

County, Texas by fax to 830-608-2008.

Susan Schoon