Ex Parte Saul De Paz ( 2015 )

ACCEPTED 03-15-00581-CR 8417338 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/31/2015 6:29:49 AM JEFFREY D. KYLE CLERK 03-15-00581-CR EX PARTE § IN THE § § THIRD COURT § SAUL DE PAZ § OF APPEALS APPELLANT’S SECOND MOTION TO EXTEND TIME TO FILE BRIEF RECEIVED IN 3rd COURT OF APPEALS TO THE HONORABLE JUSTICES OF SAID COURT: AUSTIN, TEXAS 12/31/2015 6:29:49 AM Now comes Saul De Paz, Appellant in the above styled and JEFFREY numbered D. KYLE Clerk 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 207th Judicial District Court of Comal County, Texas. 2. The case below was styled EX PARTE SAUL DE PAZ, and numbered C2015-1149X. 3. Appellant’s Writ of Habeas Corpus Seeking Release Due To Delay was denied on 9/3/2015. 4. Notice of appeal was given on 9/10/2015. 5. The clerk's record was filed on 10/16/2015; the reporter's record was filed on 10/12/2015. 6. The appeal was abated on 12/14/2015, and the trial court held a hearing on 12/17/2015 to determine whether Appellant still desired to prosecute the appeal, and whether counsel had abandoned the appeal. Findings and Recommendations are to be filed in this court on 12/31/2015. 7. Appellant requests an extension of time to January 4, 2016. 9. One prior extension has been received in this cause. 10. Defendant is currently incarcerated for this case, as well as a “hold” for another county, and an immigration “detainer.” 11. Appellant relies on the following facts as good cause for the requested extension: . Counsel was out of town for the Christmas holidays, and experienced unexpected limited internet access at her location, thus preventing her from accessing records and caselaw. Upon return, counsel has been working diligently on this brief, as well as assisting the trial court in drafting the findings ordered by this Court. With the New Year’s holiday and the coming weekend, counsel expects to have sufficient time to complete the brief and file it on Monday, January 4, 2016. WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court grant this Motion To Extend Time to File Brief, and for such other and further relief as the Court may deem appropriate. Respectfully submitted, Schoon Law Firm, P.C. 200 N. Seguin Avenue New Braunfels, Texas 78130 Tel: (830) 627-0044 Fax: (830) 620-5657 susan@schoonlawfirm.com By: /s/ Susan Schoon Susan Schoon State Bar No. 24046803 Attorney for Appellant CERTIFICATE OF SERVICE This is to certify that on December 31, 2015 a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Comal County, Texas by email to preslj@co.comal.tx.us. /s/ Susan Schoon Susan Schoon