Case Information

*0 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/31/2015 6:29:49 AM JEFFREY D. KYLE Clerk 03-15-00581-CR THIRD COURT OF APPEALS 12/31/2015 6:29:49 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00581-CR *1 ACCEPTED ^[8417338] CLERK EX PARTE § IN THE

§ § THIRD COURT § SAUL DE PAZ § OF APPEALS

APPELLANT’S SECOND MOTION TO EXTEND TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Saul De Paz, 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: This case is on appeal from the 207 th Judicial District Court of Comal

1.

County, Texas.

2. The case below was styled EX PARTE SAUL DE PAZ, and

numbered C2015-1149X.

3. Appellant’s Writ of Habeas Corpus Seeking Release Due To Delay

was denied on 9/3/2015.

4. Notice of appeal was given on 9/10/2015.

5. The clerk's record was filed on 10/16/2015; the reporter's record was

filed on 10/12/2015. 6. The appeal was abated on 12/14/2015, and the trial court held a

hearing on 12/17/2015 to determine whether Appellant still desired to

prosecute the appeal, and whether counsel had abandoned the appeal.

Findings and Recommendations are to be filed in this court on

12/31/2015.

7. Appellant requests an extension of time to January 4, 2016.

9. One prior extension has been received in this cause.

10. Defendant is currently incarcerated for this case, as well as a “hold”

for another county, and an immigration “detainer.”

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

extension:

.

Counsel was out of town for the Christmas holidays, and experienced

unexpected limited internet access at her location, thus preventing her

from accessing records and caselaw. Upon return, counsel has been

working diligently on this brief, as well as assisting the trial court in

drafting the findings ordered by this Court. With the New Year’s

holiday and the coming weekend, counsel expects to have sufficient

time to complete the brief and file it on Monday, January 4, 2016.

WHEREFORE, PREMISES CONSIDERED , Appellant prays that this

Court grant this 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 susan@schoonlawfirm.com By: /s/ Susan Schoon Susan Schoon State Bar No. 24046803 Attorney for Appellant *3 CERTIFICATE OF SERVICE

This is to certify that on December 31, 2015 a true and correct copy of the

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

County, Texas by email to preslj@co.comal.tx.us.

/s/ Susan Schoon Susan Schoon