Peter Ezebunwa v. State ( 2015 )

ACCEPTED
03-14-00682-CR
5523815
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/3/2015 10:55:06 AM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-14-00682-CR
PETER EZEBUNWA § IN THE THIRD COURT
FILED IN
Appellant, § 3rd COURT OF APPEALS
§ AUSTIN, TEXAS
§ 6/3/2015 10:55:06 AM
v. § OF APPEALSJEFFREY D. KYLE
Clerk
§
THE STATE OF TEXAS §
Appellee, § STATE OF TEXAS
SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S
BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES PETER EZEBUNW A, Appellant, by and through their
attorney, Amber Vazquez Bode, and file this Second Motion for Extension of
Time to File Appellant's Brief. In support thereof Appellant offers as follows:
1. According to the Texas Rules of Appellate Procedure Rule 38.6 Time
to File Briefs:
"(a) Appellant's Filing Date. Except in a habeas corpus or bail appeal,
which is governed by Rule 31, an appellant must file a brief within 3 0 days-20
days in an accelerated appeal-after the later of:
( 1) The date the clerk's record was filed; or
(2) The date the reporter's record was filed."
2. The Reporter's Record was filed on March 2, 2015.
3. The Clerk's record was filed on February 5, 2015.
4. The appellant's brief was due on June 5, 2015 according to Rule 38.6.
5. Appellant hereby requests an extension of 30 days due to the stated
reasons. Pursuant to the Texas Rules of Appellate Procedure the
Appellant has the right to request an extension of time. It states,
"(d) Modifications of Filing Time. On motion complying with Rule 10.5
(b), the appellate court may extend the time for filing a brief and may postpone
submission of the case. A motion to extend the time to file a brief may be filed
before or after the date the brief is due. The court may also, in the interests of
justice, shorten the time for filing briefs and for submission of the case."
Appellant respectfully requests a brief extension of 30 days in order to
receive proper research for the case. Appellant requests that the time period
designated by Texas Rules of Appellate Procedure 38.6 (d) be applied and that
Appellant have and extension of time to file the brief.
The Appellant respectfully requests that this court GRANT the Second
Motion for Extension of Time to File Appellant's Brief.
Respectfully submitted,
{?{v1~-lJ``
1!3:P
Amber Vazquez
State Bar No. 24039225
The Vazquez Law Firm
1004 West Ave.
Austin, Texas 78701
(512) 220-8507 (telephone)
( 5 12) 480-07 60 (facsimile)
atnberv@lawyers.com
COUNSEL FOR APPELLANT
CERTIFICATE OF SERVICE
I, AMBER VAZQUEZ BODE, Attorney for Appellant, do hereby certify
that a true and correct copy of the above and foregoing Second Motion for
Extension of Time to File Appellant's Brief has been served electronically on
June 3, 2015.
v
AMBER AZQUEZ BODE
Attorney for Appellant -
Third Court of Appeals
Price Daniel Sr. Bldg.
209 West 14th Street, Room 101
Austin, Texas 78701
Ms. Ellie Klemens
Court Reporter
427th Judicial District Court
Blackwell-Thunnan Justice Center
509 West 11th Street-3rd Floor
Austin, Texas 78701
Facsimile: (512) 854-2227
Travis County District Attorney
Appellate Division
509 West 11th Street
Austin, Texas 78701
Facsimile: (512) 854-9695
Travis Count~ District Clerk
509 West 11 t Street, Room 1.400
Austin, Texas 78701
Facsimile: (512) 854-4566
The Honorable Wilford Flowers
427th District Court
Blackwell- Thunn~1 n Justice Center
509 West 11th Strcct
Austin, Texas 78701
Facsimile: (512) 854-222
CAUSE NO. 03-14-00682-CR
PETER EZEBUNWA § IN THE THIRD COURT
Appellant, §
§
§
v. § OF APPEALS
§
§
THE STATE OF TEXAS § STATE OF TEXAS
Appellee, §
ORDER GU.ANTING SECOND MOTION FOR EXTENSION OF TIME TO
FILE APPELLANT'S BRIEF
After considering the Second Motion for Extension of Time to File
Appellant's Brief the Court has detennined that the motion is OF MERIT and is
GRANTED/DENIED.
IT IS SO ORDERED on this _ _ day of _ _ _ _, 2015.
JUDGE PRESIDING