Pedro Elizondo Martinez, Jr. v. State ( 2015 )

ACCEPTED 03-14-00802-CR 5240388 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/12/2015 12:51:35 AM JEFFREY D. KYLE CLERK C ASE N UMBER 03-14-00802-CR FILED IN 3rd COURT OF APPEALS P EDRO E LIZONDO M ARTINEZ , J R . C OURT OF A PPEAL AUSTIN, TEXAS S 5/12/2015 12:51:35 AM Appellant JEFFREY D. KYLE VS . T HIRD D ISTRICT OFClerk T EXAS T HE S TATE OF T EXAS AUSTIN , T EXAS On appeal from the 26th Judicial District Court Williamson County, Texas Cause Number 13-1936-K26 U NOPPOSED M OTION TO E XTEND T IME FOR F ILING A PPELLANT ’ S B RIEF M R . E LLIC S AHUALLA Counsel for Appellant State Bar Number 24057365 600 W. 13th St. Austin, Texas 78701 ph (512) 921-8247 fax (512) 451-5882 email ellic@sahuallalaw.com I DENTITY OF PARTIES & C OUNSEL A p p e l l a t e Pa r t i e s MR. PEDRO ELIZONDO MARTINEZ, JR. T HE S TATE OF T EXAS Appellant Appellate Counsel M R . E LLIC S AHUALLA T HE H ONORABLE J ANA D UTY Counsel for Appellant Counsel for the State State Bar Number 24057365 State Bar Number 24000244 600 W. 13th St. Austin, Texas 78701 405 Martin Luther King, Box 1 ph (512) 921-8247 fax (512) 451-5882 Georgetown, Texas 78626 email ellic@sahuallalaw.com ph (512) 943-1234 fax (512) 943-1255 email jprezas@wilco.org U NOPPOSED M OTION TO E XTEND T IME FOR F ILING A PPELLANT ’ S B RIEF T O THE H ONORABLE C OURT: The appellant would show the following: Deadline The current deadline for filing the appellant’s brief is May 11, 2015. Length of Extension The appellant is seeking a 60-day extension, which would make the new deadline July 10, 2015. Need for Extension Counsel for the appellant (“Counsel”) is both a solo practitioner in private practice and chief of staff and general counsel to a state legislator. The “briefing time” after the reporter’s record was filed in this case not only fell during a legislative session, but during April and May, by far the Texas Legislature’s busiest time. The time commitment necessary to attend to these duties has prevented Counsel from adequately briefing the issues in this appeal despite diligent efforts. In terms of the length of extension requested, Counsel expects to be in two felony trials in June: The State of Texas v. Georganne Bernice Shirley, CR-14-0300, and The State of Texas v. Branden Mika Hampton, CR-14-0597, both in Hays County. The requested extension should be ample to account for that, and Counsel believes the appellant’s brief will be timely filed if the extension is granted. Extension for Brief, 03-14-00802-CR Page 1 of 3 Previous Extensions No previous extensions regarding the appellant’s brief have been requested, although this court did once extend the deadline on its own motion due to a delay by the reporter in filing the reporter’s record. Ve r i f i c a t i o n This motion need not be verified because of the facts it depends on are within the personal knowledge of Counsel, whose signature appears below. Conference Although no certificate of conference is required because this is a criminal case, Counsel has contacted appellate counsel for the State about this motion, and the State is not opposed to it. P r ay e r The appellant respectfully moves this court to grant this motion and extend the deadline for filing the appellant’s brief to July 10, 2015. R ESPECTFULLY S UB MITTED, M R . E LLIC S AHUALLA Counsel for Appellant State Bar Number 24057365 600 W. 13th St. Austin, Texas 78701 ph (512) 921-8247 fax (512) 451-5882 email ellic@sahuallalaw.com Extension for Brief, 03-14-00802-CR Page 2 of 3 C ERTIFICATE OF S ERVICE I certify that on May 11, 2015, a true and correct copy of this document was served on the Honorable Jana Duty (whose address is 405 Martin Luther King, Box 1, Georgetown, Texas 78626) through the electronic filing manager and by emailing it to State’s appellate counsel, John Prezas, at jprezas@wilco.org. M R . E LLIC S AHUALLA Counsel for Appellant State Bar Number 24057365 600 W. 13th St. Austin, Texas 78701 ph (512) 921-8247 fax (512) 451-5882 email ellic@sahuallalaw.com Extension for Brief, 03-14-00802-CR Page 3 of 3