Leandre v. Hill v. State ( 2015 )

ACCEPTED
04-15-00164-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
7/22/2015 1:00:17 PM
KEITH HOTTLE
CLERK
No. 04-15-00164-CR
IN THE FILED IN
4th COURT OF APPEALS
FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS
OF TEXAS 7/22/2015 1:00:17 PM
AT SAN ANTONIO, TEXAS KEITH E. HOTTLE
Clerk
LEANDRE V. HILL APPELLANT
V.
THE STATE OF TEXAS APPELLEE
FIRST MOTION TO EXTEND TIME
TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF
APPEALS OF TEXAS:
COMES NOW, LEANDRE V. HILL, the appellant in the above styled and
numbered cause, pursuant to Texas Rules of Appellate Procedure 10.5(b) and
38.6(d), through the undersigned counsel, files this motion to extend time to file the
appellant’s brief. In support of this motion the appellant respectfully shows the
following:
I. Deadline for filing the appellant’s brief:
The current deadline for filing the appellant’s brief is July 23, 2015.
TEX.R.APP.P. 4.1(a) and 38.6(a)(2).
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II. Length of the extension sought:
Counsel for appellant seeks a thirty (30) day extension to file the appellant’s
brief, until August 21, 2015. See TEX. R. APP. P. 4.1(a).
III. Facts relied on to reasonably explain request for extension:
Counsel for appellant seeks this extension of time to file the appellant’s brief
for the following reasons:
A. The undersigned has recently filed briefs in the following cases:
1. Brandon Master v. The State of Texas, No. 04-15-00100-CR (Appellant’s
brief filed on June 24, 2015);
2. Brandon Master v. The State of Texas, No. 04-15-00101-CR (Appellant’s
brief filed on June 24, 2015);
3. Gilbert M. Zepeda v. The State of Texas, No. 04-14-00775-CR
(Appellant’s brief filed on July 2, 2015)
4. Ramon Davidson v. The State of Texas, No. 04-15-00209-CR (Appellant’s
brief filed on July 9, 2015).
B. The undersigned has upcoming deadlines in the following cases:
1. Sabrina Nicole Angel v. The State of Texas, No. 04-15-00235-CR
(Appellant’s brief due to be filed on July 31, 2015);
2. Sabrina Nicole Angel v. The State of Texas, No. 04-15-00236-CR
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(Appellant’s brief due to be filed on July 31, 2015);
3. LeAndre V. Hill v. The State of Texas, No. 04-15-00164-CR (Appellant’s
brief due to be filed on July 23, 2015);
4. Arturo Rosales v. The State of Texas, No. 04-15-00225-CR (Appellant’s
brief due to be filed on August 12, 2015);
5. Arturo Rosales v. The State of Texas, No. 04-15-00226-CR (Appellant’s
brief due to be filed on August 12, 2015);
6. Arturo Rosales v. The State of Texas, No. 04-15-00227-CR (Appellant’s
brief due to be filed on August 12, 2015);
7. LeAndre V. Hill v. The State of Texas, No. 13-15-00152-CR (Appellant’s
brief due to be filed on August 19, 2015).
C. The undersigned will take vacation leave on July 23, 2015 and July 24, 2015.
D. July 3, 2015 was a county holiday.
IV. Number of previous extensions requested:
This is the first extension of time requested in this case.
V. Not for delay:
This extension of time is not sought for the purpose of delaying the resolution
of this appeal. He does not believe the additional time requested will prejudice or
inconvenience the State.
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VI. Appellant’s status:
The Appellant is presently in the custody of the TDCJ-Institutional Division
serving a 6-year sentence under cause number 2012CR9686. That sentence is being
served concurrently with the sentence imposed in this case.
PRAYER
THEREFORE, counsel for the appellant prays that this Court issue an order
granting the extension of time of thirty (30) days to file the appellant’s brief in the
above case, and 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
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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:
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 22, 2015. The word count is 679.
/s/ Richard B. Dulany, Jr.
___________________________________
RICHARD B. DULANY, JR.
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