ACCEPTED
03-14-00531-CR
11124535
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/14/2016 8:21:39 AM
JEFFREY D. KYLE
CLERK
NO. 03-14-00531-CR
DERRICK KUYKENDALL * FILED IN
IN THE COURT OF APPEALS
3rd COURT OF APPEALS
Appellant * AUSTIN, TEXAS
6/14/2016 8:21:39 AM
VS. * OF THE THIRD JEFFREY D. KYLE
Clerk
* SUPREME JUDICIAL
* DISTRICT OF TEXAS
THE STATE OF TEXAS *
Appellee * AT AUSTIN TEXAS
MOTION FOR EXTENSION OF TIME TO FILE
MOTION FOR REHEARING AND RECONSIDERATION
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW, DERRICK KUYKENDALL, Appellant, and files this
Motion for an Extension in which to file a Motion for Rehearing and
Reconsideration. In support of this motion, appellant shows the Court the
following:
I.
The Appellant was convicted in the District Court of Travis County, Texas of
the offense of Manslaughter. Appellant was assessed 15 years TDCJ. Opinion was
handed down by this Court on April 28, 2016 affirming the judgement of the trial
court.
II.
The deadline for filing the Motion for Rehearing is June 13, 2016 and
Appellant has requested one previous extensions.
III.
Attorney for the Appellant would further show the Court that he has been
diligent in preparing a motion for rehearing in this case. Counsel just completed a
reply brief to this Court and is still drafting a capital murder appeal to the Court of
Criminal Appeals, and has been unable to complete all of those in time to finish
Appellant=s motion for rehearing.
WHEREFORE, Appellant prays the Court grant this Motion and extend the
deadline for filing a Motion for Rehearing and Reconsideration to July 13, 2016.
Respectfully Submitted,
ARIEL PAYAN
Attorney at Law
1012 Rio Grande
Austin, Texas 78701
(512) 478-3900
(512) 472-4102 fax)
Arielpayan@hotmail.com
/s/ Ariel Payan
ARIEL PAYAN
State Bar No. 00794430
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
Motion for Extension of Time to File a Motion for Rehearing and Reconsideration
has been delivered to the Assistant Criminal District Attorney, Lisa Stewart by
email at AppellateTCDA@traviscountytx.gov on June 13, 2016.
/s/ Ariel Payan
ARIEL PAYAN