Christopher Rivera v. State ( 2015 )

ACCEPTED
03-15-00116-CR
5972745
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/8/2015 9:13:11 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00116-CR
FILED IN
STATE OF TEXAS § IN THE 3rd COURT OF APPEALS
AUSTIN, TEXAS
§
7/8/2015 9:13:11 AM
VS. § THIRD COURT JEFFREY D. KYLE
§ Clerk
CHRISTOPHER RIVERA § OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Christopher Rivera., 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 274th Judicial District Court of Hays
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Christopher
Rivera, and numbered CR-14-0448 in the District Court of Hays County, Texas.
3. Appellant was convicted of Retaliation.
4. Appellant was assessed a sentence to 6 years TDCJ. The 6 year
sentence was probated and Appellant was placed on 6 years probation on February
4, 2015.
5. Notice of appeal was given.
6. The clerk's record and the reporter's record were filed.
7. The appellate brief was presently due on or about July 6, 2015.
8. Appellant requests an extension of time of 1 day from the present
date, i.e. that the brief be due on or before July 9, 2015.
9. Appellant has filed the brief on July 8, 2015 but because of the due
date the brief is not timely filed.
10. Defendant is currently free on probation and not incarcerated.
11. Appellant relies on the following facts as good cause for the requested
extension:
A.) Appellant’s mistake with regards to his believing the brief was efiled on
the July 6th was not intentional.
B.) Appellant request that the court grant the extension to file the brief and
make the brief due on or after July 9, 2015 and that would make the brief filed on
July 8, 2015 timely.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court grant this Motion To Extend Time to File Appellant's Brief, and for such
other and further relief as the Court may deem appropriate.
Respectfully submitted,
RICKEY D. JONES
ATTORNEY AT LAW
1910 Pacific Ave, Ste 15100
Dallas, Texas 75201
Tel: (214) 742-0708
Fax: (214) 742-5956
By:
Rickey D. Jones
State Bar No. 00787791
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that on July 8, 2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Hays
County, by facsimile transmission.
Rickey D. Jones