Julio Alejandro Zuniga v. State ( 2015 )

ACCEPTED 04-15-00245-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 7/6/2015 11:18:00 AM KEITH HOTTLE CLERK No. 04-14-00245-CR IN THE FILED IN 4th COURT OF APPEALS FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS OF TEXAS 7/6/2015 11:18:00 AM AT SAN ANTONIO, TEXAS KEITH E. HOTTLE Clerk JULIO ALEJANDRO ZUNIGA APPELLANT V. THE STATE OF TEXAS APPELLEE MOTION TO RECALCULATE TIME TO FILE APPELLANT’S BRIEF TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS OF TEXAS: COMES NOW, JULIO ALEJANDRO ZUNIGA, the Appellant in the above styled and numbered cause, pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(a)(2), through the undersigned counsel, files this motion to recalculate time to file the Appellant’s brief. In support of this motion the Appellant respectfully shows the following: I. Current deadline for filing the Appellant’s brief: On June 3, 2015, the court ordered that the appellant’s brief was due to be filed by July 3, 2015. Appellant’s first extension of time to file the Appellant’s brief 1 was granted on July 2, 2015, and the Appellant’s brief is now due to be filed on or before August 3, 2015. II. The complete reporter’s record has not been filed: On June 3, 2015, all filings, from appeal number 04-15-00224-CR, including the clerk’s and reporter’s records, were ordered to be transferred to this appeal number. The only part of the reporter’s record that has yet been filed under either appeal number is the two volumes that were filed by Roxanne F. Pena on May 4, 2015. III. The complete reporter’s record was requested: On April 17, 2015, by written request filed with the clerk of the trial court in cause number 2014CR0936, the undersigned requested preparation of the reporter’s record from the remainder of the proceedings, including the jury trial. A copy of the filed marked request for preparation of the reporter’s record is attached to this motion as an appendix. IV. There can be no filing date until the complete reporter’s record is filed: Until the complete reporter’s record is filed, the undersigned cannot begin work on the Appellant’s brief. Moreover, no due date for the Appellant’s brief can be assigned until the complete reporter’s record is filed. TEX.R.APP.P. 4.1(a) and 38.6(a)(2). 2 PRAYER THEREFORE, undersigned counsel for the Appellant prays that this Court issue an order suspending the current due date for filing the Appellant’s brief in the above case and recalculate the filing date once the complete reporter’s record is filed. As always, the Appellant also asks this Court to grant all such relief as is fair and just. Respectfully submitted, RICHARD B. DULANY, JR. Texas Bar No. 06196400 Assistant Public Defender Bexar County Public Defender’s Office 101 W. Nueva St., Suite 370 San Antonio, Texas 78205 (210) 335-0701 (210) 335-0707 fax Richard.Dulany@bexar.org /s/ Richard B. Dulany, Jr. ___________________________________ RICHARD B. DULANY, JR. ATTORNEY FOR APPELLANT CERTIFICATE OF SERVICE AND COMPLIANCE The undersigned does hereby certify that a copy of the above motion was delivered by electronic service to the Appellate Section of the State’s Attorney: 3 Nicholas A. LaHood, Criminal District Attorney, Bexar County District Attorney’s Office, Appellate Section, 101 W. Nueva St., Suite 710, San Antonio, Texas 78205, on July 6, 2015. The word count is 517 exclusive of the appendix. /s/ Richard B. Dulany, Jr. ___________________________________ RICHARD B. DULANY, JR. 4