ACCEPTED
03-15-00735-CR
11221043
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/20/2016 9:59:56 AM
JEFFREY D. KYLE
CLERK
No. 03-15-00735-CR
____________________________________________________
FILED IN
3rd COURT OF APPEALS
IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS
AT AUSTIN, TEXAS 6/20/2016 9:59:56 AM
____________________________________________________
JEFFREY D. KYLE
Clerk
VICTOR ROSALES, Appellant
v.
THE STATE OF TEXAS
____________________________________________________
ON DIRECT APPEAL FROM THE 299TH DISTRICT COURT
OF TRAVIS COUNTY IN CAUSE NO. D-1-DC-14-300723
____________________________________________________
APPELLANT’S MOTION FOR AN EXTENSION OF TIME
TO FILE THE APPELLANT’S BRIEF
____________________________________________________
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:
Comes now Victor Rosales, appellant, and would show the Court the
following:
I.
Appellant was convicted of aggravated sexual assault and a jury assessed
punishment at 40 years. Notice of appeal was filed and the appeal docketed in this
Court.
II.
The clerk’s record was filed on February 24, 2016. The reporter’s record
was filed on May 18, 2016. Appellant’s brief is due on June 23, 2016.
III.
Appellant seeks a 60 day extension of the current deadline in which to file
Appellant’s brief, up to and including, August 22, 2016.
IV.
This request is based on the following facts which prevent counsel for
Appellant from preparing the brief by the current deadline:
The record in this cause is voluminous. It is comprised of 10 volumes and
an electronic exhibit admitted at trial. Counsel has not had an opportunity to
review the record and prepare Appellant’s brief by June 23, 2016. Filing of the
brief cannot be accomplished by the current deadline while still effectively
representing Appellant on direct appeal to this Court.
Additionally, since the time the reporter’s record was filed in this cause,
counsel for appellant has prepared and filed an appellant’s brief in Cunningham v.
State in the Sixth Court of Appeals and an applicant’s brief in Ex parte Watkins in
the 207th District Court of Comal County and the Court of Criminal Appeals.
Counsel has a brief due in the Court of Criminal Appeals in Ex parte Wimberly on
June 24, 2016.
2
V.
This is Appellant’s first request for an extension of time to file Appellant’s
brief.
Prayer
Appellant requests this Court grant the motion and extend the time to file
Appellant’s brief by 60 days, up to and including August 22, 2016.
Respectfully submitted,
/s/Richard E. Wetzel
Richard E. Wetzel
State Bar No. 21236300
1411 West Ave., Suite 100
Austin, Texas 78701
(512) 469-7943
(512) 474-5594
wetzel_law@1411west.com
Attorney for Appellant
Victor Rosales
Certificate of Service
This is to certify a true and correct copy of this pleading was sent by email
to Counsel for the State of Texas, Scott Taliaferro, Assistant District Attorney, at
Scott.Taliaferro@traviscountytx.gov on this the 20th day of June, 2016.
/s/Richard E. Wetzel
Richard E. Wetzel
State Bar No. 21236300
3