ACCEPTED
03-15-00620-CR
11058194
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/9/2016 10:41:28 AM
JEFFREY D. KYLE
CLERK
IN THE THIRD COURT OF APPEALS
FOR THE STATE OF TEXAS
FILED IN
3rd COURT OF APPEALS
STATE OF TEXAS AUSTIN, TEXAS
6/9/2016 10:41:28 AM
V. NO. 03-15-00620-CR
JEFFREY D. KYLE
Clerk
DENNIS DAVIS
APPELLEE’S THIRD MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
COMES NOW, Dennis Davis, Appellee, by and through his attorney
of record, Linda Icenhauer-Ramirez, and files this his Third Motion for
Extension of Time to Brief and in support thereof, would show the Court the
following:
I.
That the above-styled and numbered cause is styled The State of
Texas v. Dennis Davis, Cause Number 09-900185-CR in the 167th Judicial
District Court of Travis County, Texas. The trial court signed the Order
Setting Aside Indictment For Failure to Afford Constitutional Right to
Speedy Trial on September 9, 2015. On September 10, 2015, the trial court
signed and filed its Findings of Fact and Conclusions of Law Regarding
Defendant’s Motion to Set Aside For Violation of the Sixth Amendment.
II.
The State filed its notice of appeal from this decision on September
30, 2015. The State filed its brief on February 8, 2016. The due date for
appellee’s brief is June 9, 2016.
III.
This is Appellee’s third motion for extension of time to file his brief.
Appellee respectfully requests a forty-five day extension of time to file the
brief from today’s date, which would make such brief due on Sunday, July
24, 2016. The next working day is Monday, July 25, 2016.
V.
The undersigned attorney has read the record in this case and has
begun researching the issues and drafting her brief. However, due to
appellate deadlines in other cases she has been unable to complete her
research and file a response to the State’s brief. In the past forty days she
has filed petitions for discretionary review in two cases entitled Linda
Woodman v. State of Texas, Cause Nos. 14-15-00032-CR and 14-15-00033-
CR and a brief on discretionary review in the case of Robert Ritz v. State of
Texas, Cause No. PD-1661-15 in the Texas Court of Criminal Appeals. She
is working on a brief in the case of George Delacruz v. State of Texas, Cause
No. 03-15-00302-CR. The deadline for that brief is July 5, 2016. In
addition, she has a busy trial court schedule in Hays County, Travis County
and Williamson County and is scheduled to attend a family reunion in Idaho
from June 16th through June 21st. The undersigned attorney asks that this
extension be granted so that she may effectively represent Appellee and so
that justice may be done in this case.
Respectfully Submitted,
/s/ Linda Icenhauer-Ramirez
LINDA ICENHAUER-RAMIREZ
Attorney at Law
1103 Nueces
Austin, Texas 78701
(512) 477-7991
FAX #: (512) 477-3580
SBN: 10382944
EMAIL: ljir@aol.com
ATTORNEY FOR APPELLEE
CERTIFICATE OF COMPLIANCE
I hereby certify that this motion was computer generated and contains
536 words, as calculated by the word count function on my computer.
/s/ Linda Icenhauer-Ramirez
LINDA ICENHAUER-RAMIREZ
CERTIFICATE OF SERVICE
I, Linda Icenhauer-Ramirez, hereby certify that a true and correct
copy of the foregoing Appellee’s Third Motion for Extension of Time to
Brief was e-served to Kathryn A. Scales and Scott Taliaferro of the Travis
County District Attorney's Office on this the 9th day of June, 2016.
/s/ Linda Icenhauer-Ramirez
LINDA ICENHAUER-RAMIREZ