Kevin Duane Drisdale v. State ( 2015 )

ACCEPTED 03-15-00053-CR 4842890 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/10/2015 12:12:20 PM JEFFREY D. KYLE CLERK NO. 03-15-00053-CR IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS THIRD DISTRICT OF TEXAS AT AUSTIN 4/10/2015 12:12:20 PM JEFFREY D. KYLE Clerk ******************************************************* CAUSE NO. 71,785 IN THE 264TH JUDICIAL DISTRICT COURT OF BELL COUNTY, TEXAS ******************************************************* KEVIN DUANE DRISDALE APPELLANT VS. THE STATE OF TEXAS APPELLEE ******************************************************* APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF COMES NOW Appellant, KEVIN DUAN DRISDALE, by and through his attorney of record, James H. Kreimeyer, and respectfully moves the Court to extend the time for filing the Appellant’s Brief in this cause, and in support hereof would show the Court as follows: I. On December 8, 2014, Appellant entered a plea pursuant to a plea bargain with the prosecutor and approved by the Court, and the punishment assessed was twenty years (20) in the Texas Department of Criminal Justice, Institutional Division. The trial court’s certificate of Appellant’s Right to Appeal granted Appellant’s appeal of the denial of the Motion to Suppress. The original notice of appeal filed on behalf of Appellant on January 5, 2015, did not address the right to appeal denial of a pre-trial motion. II. An Amended Notice of Appeal was filed on March 31, 2015, with the Third Court of Criminal Appeals in Austin. Appellant’s Record is due for filing with this court on April 17, 2015. Appellant’s Brief is due for filing with the Court of Appeals on March 27, 2015. III. Appellant’s attorney would respectfully request an extension of time to file Appellant’s brief due to the late appointment on March 18, 2015 and Appellant’s attorney filing a corrected Notice of Appeal delayed further filings of docketing statement, designations of records. Appellant’s attorney was admitted to the emergency room of Scott & White Memorial Hospital on Wednesday, April 8, 2015, due to complications of heart medicine and released Thursday, April 9, 2015. This Motion for Extension of Time is not filed for the purpose of delay, but so that the ends of justice may be served. WHEREFORE, PREMISES CONSIDERED, Appellant requests the Court to grant a forty five (45) day extension of time to file the brief herein until May 11, 2015. Respectfully submitted, /s/ James H. Kreimeyer JAMES H. KREIMEYER ATTORNEY FOR APPELLANT P.O. BOX 727 BELTON, TEXAS 76513 (254) 939-9393 (254) 939-2870 FAX T.S.B. #11722000 jkreime@vvm.com CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Appellant’s Motion for Extension of Time to File Brief was delivered to Henry Garza, District Attorney, Bell County Courthouse, Belton, Texas 76513, on the 10th day of April 2015. /s/ James H. Kreimeyer JAMES H. KREIMEYER ATTORNEY FOR APPELLANT