ACCEPTED
04-13-00338-CR & 04-13-00339-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
12/30/2014 6:22:25 PM
KEITH HOTTLE
CLERK
CAUSE NOS. 04-13-00339-CR
IN THE FOURTH COURT OF APPEALS OF TEXAS
FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
__________________________________________________________________
12/30/2014 6:22:25 PM
KEITH E. HOTTLE
APPEAL OF A JUDGMENT IN TRIAL CAUSE NOS. 11-CRS-272 Clerk
FROM THE 229TH DISTRICT COURT OF STARR COUNTY, TEXAS
PRESIDING JUDGE HON. ANA LISA GARZA
__________________________________________________________________
ELIAS ESEQUIEL VASQUEZ, Appellant
VS.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
APPELLANT’S MOTION FOR EXTENSION OF TIME
TO FILE MOTION FOR REHEARING
_________________________________________________________________
Respectfully submitted,
Victoria Guerra
320 w. Pecan Blvd.
McAllen, Texas 78501
(956) 618-2609
(956) 618-2553 (fax)
State Bar Number: 08578900
Appellant’s Attorney
ORAL ARGUMENT REQUESTED
MAY IT PLEASE THE COURT:
COMES NOW Elias Esequiel Vasquez, appellant in the above cause, by and
through his court appointed appellate attorney of record Victoria Guerra, and files
this motion for extension of time to file motion for rehearing and would show this
Court the following:
The Undersigned is accustomed to receiving notices through the electronic
filing system in this case. Through the pendency of this case, the Undersigned
would receive this Court’s notices through the electronic filing system and through
U.S. Mail. However, when this Court issued its judgment on December 10, 2014,
the Undersigned never received it via the electronic filing system. Rather, this
Court’s orders were sent via U.S. Mail to the Undersigned at her office address:
320 W. Pecan Blvd., McAllen, TX 78501.
The Undersigned relocated to 3219 N. McColl Rd., McAllen, Texas 78501
in mid-November. The Undersigned is slowly informing all contacts of her change
of address and probably did not inform this Court because the main source of
communication that the Undersigned relies on from this Court is through the
electronic filing system. However, the Undersigned never received this Court’s
order and judgments through the electronic filing system. Rather, it was not until
this day, December 30, 2014 that the Undersigned received the judgments and
orders of this court as they pertain to this case.
In addition to the foregoing, almost all of the Undersigned’s work time has
been tied up with the appeal of Chakravarthy v. State, appellate cause number 13-
14-00086-CR which was due on December 22, 2014. However, an incomplete
clerk’s record was discovered by the Undersigned and additional time was sought
to file a complete and compliant brief.
In addition to the foregoing, the Undersigned was sick with an upper
respiratory infection during the week of December 18-22, 2014 which prevented
her from accomplishing much work during those days.
Further, the Undersigned has today mailed to appellant a copy of this
Court’s orders and judgments and is awaiting a response from him as to whether he
wishes to further appeal.
Appellant seeks 30-days to file his motion for rehearing. If granted, the
motion for rehearing would be due on January 9, 2015. Appellant seeks this
motion for extension of time to file his motion for rehearing for good cause, and
not to unnecessarily delay this case. This is the first extension that the appellant
has sought to file his motion for rehearing. It was originally due on December 24,
2015.
WHEREFORE, appellant seeks until January 9, 2015 to file his motion for
rehearing.
Respectfully submitted,
Law Office of Victoria Guerra
320 W. Pecan Blvd.
McAllen, Texas 78501
(956) 618-2609
(956) 618-2553 (facsimile)
By: /s/ Victoria Guerra
Victoria Guerra
State Bar Number: 0857900
Appellate Attorney for Appellant
CERTIFICATE OF SERVICE
On this 30th day December, 2014, the undersigned delivered a copy of the
foregoing Appellant’s brief to Appellee’s Counsel John Olson via email:
jaolson_ccda@yahoo.com
/s/ Victoria Guerra
Victoria Guerra
CERTIFICATION OF COMPLIANCE
In compliance with TRAP 9.4(i)(3), the undersigned certifies that the
number of words in this brief, excluding those motion listed in Rule 9.4(i)(l), is
608.
30th day of December, 2014.
/s/ Victoria Guerra
Victoria Guerra