Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/8/2015 4:24:17 PM JEFFREY D. KYLE Clerk No. 03-15-00316-CR THIRD COURT OF APPEALS 10/8/2015 4:24:17 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00316-CR *1 ACCEPTED ^[7298460] CLERK ______________________________________________________

In The Court Of Appeals For The Third Court Of Appeals District Austin, Texas ______________________________________________________

Heather Lauren Richards, Appellant, v.

The State of Texas, Appellee.

______________________________________________________

ON APPEAL FROM THE 207th DISTRICT COURT, COMAL

COUNTY, TEXAS TRIAL COURT CAUSE NO. CR2014-091

______________________________________________________

APPELLANT’S FIRST MOTION TO EXTEND TIME TO

FILE APPELLANT’S BRIEF ______________________________________________________

Amanda Erwin State Bar No. 24042939 Amanda@therwinlawfirm.com Counsel for Heather Lauren Richards *2 Identity of Parties and Counsel Appellant’s Appellate Counsel:

Amanda Erwin

The Erwin Law Firm, L.L.P.

Appellee:

Chari Kelly

Comal County District Attorney’s Office

150 N. Seguin, Suite 307

New Braunfels, Texas 78130

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.5 and 38.6(d), the Appellant, Heather

Lauren Richards, files this First Motion to Extend Time to File Appellant’s

Brief.

The Appellant’s opening brief is currently due on October 10, 2015 .

Counsel for Appellant, Heather Lauren Richards, requests a 45 day

extension of time to file Appellant’s brief, making the brief due on

November 24, 2015 . This is the first request for extension of time to file the

opening brief.

Counsel for Appellant relies on the following reasons, in addition to the

routine matters that counsel must attend to in daily practice, to explain the

need for the requested extension:

1) Counsel for Appellant has been preparing for an Aggravated

Sexual Assault of a Child case that was set to go to trial on October 12, 2015; however, that case was dismissed on October 6, 2015.

2) Counsel for Appellant has several other approaching jury trial

settings in District and County Courts.

Counsel for Appellant seeks this extension of time to be able to prepare

a cogent and succinct brief to aid this Court in its analysis of the issues

presented. This request is not sought for delay but so that justice may be

done,

All facts recited in this motion are within the personal knowledge of the

counsel signing this motion, therefore no verification is necessary under

Texas Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF For the reasons set forth above, Appellant respectfully requests that this

Court grant this First Motion to Extend Time to File Appellant’s Brief

and extend the deadline for filing the Appellant’s Brief up to November

24, 2015. Appellant requests all other relief to which Appellant may be

entitled.

Respectfully Submitted, /s/ Amanda Erwin Amanda Erwin The Erwin Law Firm, L.L.P.

Attorney for Appellant *5 CERTIFICATE OF SERVICE Pursuant to TEX. R. APP. P. 9.5, I certify that of October 8, 2015, a

copy of this motion was electronically served, to the following:

Chari Kelly

Comal County District Attorney’s Office 150 N. Seguin, Suite 307 New Braunfels, Texas 78130 /s/ Amanda Erwin Amanda Erwin