Priscilla Aguilar Hernandez v. State ( 2014 )

ACCEPTED
03-14-00413-CR
3602300
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/29/2014 1:10:17 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00413-CR
STATE OF TEXAS § IN THE THIRD COURTFILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
vs. § OF APPEALS 12/29/2014 1:10:17 PM
§ JEFFREY D. KYLE
PRISCILLA AGUILAR HERNANDEZ § AUSTIN, TEXAS Clerk
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Priscilla Aguilar Hernandez, 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 452nd Judicial District Court of McCulloch
County, Texas .
2. The case below was styled the STATE OF TEXAS vs. PRISCILLA
AGUILAR HERNANDEZ, and numbered 5797 .
3. Appellant was convicted of homicide .
4. Appellant was assessed a sentence of thirty (30) years on May 22 , 2014.
5. Notice of appeal was given on June 25 , 2014 .
6. The clerk's record was filed on July 16, 2014 ; the reporter's record was
filed on August 21 , 2014 .
7. The appellate brief is presently due on December 16, 2014.
8. Appellant requests an extension of time of 8 days from the present date,
i.e. December 24 , 2014 .
9. Three extensions to file the brief have been received in this cause.
10. Defendant is currently incarcerated .
11. Appellant relies on the following facts as good cause for the requested
extension :
Undersigned counsel had mistakenly calendared the due date for Appellant's
Brief 30 days from the previous due date , which was December 24 , 2014.
Undersigned counsel filed Appellant's Brief on this date with the understanding that that
was the proper due date. It was not until the matter was brought to the attention of
undersigned counsel by this Court, that undersigned counsel realized this error.
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 ,
M. Patrick Magu ire , P.C.
Attorney and Counselor
945 Barnett Street
Kerrville , Texas 78028
Tel: (830) 895-2590
Fax: (8 ) 895-2594
By:-----'-------llf----".;;F-----'--t--v-- --+--+-- -
M. Patrick Maguire
State Bar No. 24002515
Attorney for Appellant
Priscilla Aguilar Hernandez
CERTIFICATE OF SERVICE
This is to certify that on December ~' \ , 2014 , a true and correct copy of the above
and foregoing document was served on the 452 nd District Attorney,Tonya Spaeth
Ahlschwede , by facsimile transmission to (325) 347-8404 Fax.
M. Patrick Maguire
STATE OF TEXAS §
§
COUNTY OF KERR §
AFFIDAVIT
BEFORE ME , the undersigned authority, on this day personally appeared M.
Patrick Maguire , who after being duly sworn stated :
"I am the attorney for the appellant in the above numbered and entitled
cause . I have read the foregoing Motion To Extend Time to File
Appellant's Brief and swear that all of the allegations of fact contained
therein are true and correct."
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on Dec 2 9 , 2014, to
certify which witness my hand and seal of office.
``LJLY::
Notary Public, State of Texas
•
.. "I(p1res
NN EKE
" .... ``, ,- t
if
I /', 15