Elizabeth Ann Black v. State ( 2015 )

ACCEPTED
03-15-00065-CR
5174070
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/6/2015 1:00:49 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00065-CR
FILED IN
ELIZABETH BLACK, § 3rd COURT OF APPEALS
Appellant § IN THE COURT OF AUSTIN, TEXAS
APPEALS
5/6/2015 1:00:49 PM
§
JEFFREY D. KYLE
vs. § FOR THE THIRD DISTRICT
Clerk
§
THE STATE OF TEXAS, § OF TEXAS
Appellee §
APPELLANT'S SECOND MOTION
FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
COMES NOW, ELIZABETH BLACK, Appellant, and files this motion for
an extension of thirty (30) days in which to file Appellant's Brief. This request is
made pursuant to and in compliance with Texas Rules of Appellate Procedure 10.1
and 10.5(b)(l). In support of this motion, Appellant shows the court the following:
I.
Appellant appealed a pre-trial suppressiOn order in a Driving While
Intoxicated case from the Travis County Court at Law Number Five, Cause
Number C1CR-13-217530 which was denied on January 13, 2015. Appeal was
perfected by Appellant on January 26, 2015. Appellant filed a motion for extension
of time to file brief on April 9, 20 15. This Honorable Court granted the motion and
Appellant's brief is due May 11, 2015.
II.
Counsel for Appellant has a very large docket and trial schedule which has
prevented him from being able to complete a brief. Additionally, council for
Appellant is out of town this week. Appellant's co-counsel, Meril "Gene" Anthes,
Jr., is drafting Appellant's brief-however, his wife just had their second child on
April30, 2015, and he's a little sleep deprived.
Appellant respectfully requests an extension of thirty (30) days in which to
file her brief.
WHEREFORE, Appellant prays the court grant this motion and extend the
deadline for filing Appellant's Brie
. GUNTER
State Bar No. 08624600
ALAN BENNETT
State Bar No. 02137100
MERIL "GENE" ANTHES, JR.
State Bar No. 24040125
GUNTER, BENNETT & ANTHES, P.C.
600 West Ninth Street
Austin, Texas 78701-2212
Chris@GBAFirm.com
www.GBAFirm.com
Phone: (512) 476-2494
Fax: (512) 476-2497
Attorney for Appellant
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above and foregoing Motion for
Extension of Time to Brief was delivered to Ms. Giselle Horton, Assistant Travis
County Attorney, via facsimile to (512) on this the 6th day of April,
2014.
MERIL "GENE" ANTHES JR
'
THE STATE OF TEXAS §
§
COUNTY OF TRAVIS §
VERIFICATION
On this day, MERIL "GENE" ANTHES, JR. appeared before me, the
undersigned notary public, and after I administered an oath to him, upon his oath,
he said he read the Appellant's Second Motion for Extension of Time to Brief and
the facts stated in it are within his pe and are true and correct.
SWORN TO AND SUBSCRIBED before me by Meril "Gene" Anthes, Jr.
on May 6, 2015.
``
NOTARY PUBU C, State of Texas
NO. 03-15-00065-CR
ELIZABETH BLACK, §
Appellant § IN THE COURT OF APPEALS
§
VS. § FOR THE TIDRD DISTRICT
§
THE STATE OF TEXAS, § OF TEXAS
Appellee §
ORDER
On this day came to be heard Appellant's First Motion for Extension of
Time to File Brief, and the court having reviewed the same finds the motion should
be:
GRANTED I DENIED.
IT IS THEREFORE ORDERED that the time in which to file Appellant's
Brief is extended until the _ _ _ day of _ _ _ _ _ _ _ _ _ , 2015.
SIGNED this_ day of _ _ _ _ _ _, 2015.
JUDGE PRESIDING
GUNTER,
BENNETT
&ANTHES
ATTORNEYS AT LAW
600 WEST NINTH STREET
AUSTIN, TEXAS 78701
Christopher M. Gunter* Telephone:
Alan Bennett Office: (512) 476-2494
Merit "Gene" Anthes, Jr. Fax: (512) 476-2497
• Board Certified - Criminal Law
Texas Board of Legal Specialization
May 6, 2015
Honorable Jeffrey D. Kyle Via Electronic Delivery
Clerk of the Court
Austin Court of Appeals
Price Daniel Sr. Building
209 West 14th Street, Room 101
Austin, Texas 78701
RE: The State of Texas
vs.
Elizabeth Black
No. 03-15-00065-CR
On Appeal from Travis County
Court-at-law Number Five
Cause No. C1CR-13-217530
Dear Mr. Kyle:
Enclosed for filing please find Appellant's Second Motion for Extension of Time to File
Brief in the above-referenced cause.
Thank you for your a si t atter . Please feel free to contact me should you
have any questions.
cc: Giselle Horton
Assistant Travis County Attorney
Via Facsimile (512) 854-9316