ACCEPTED
03-14-00651-CR
4329192
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/2/2015 11:41:12 AM
JEFFREY D. KYLE
CLERK
No. 03-14-00651-CR ·
·STATE OF TEXAS § IN THE THIRD JUDICIAL
FILED IN
DISTRICT 3rd COURT OF APPEALS
AUSTIN, TEXAS
§
3/2/2015 11:41:12 AM
v. § COURT OF APPEALS
JEFFREY D. KYLE
§ Clerk
GERARDO AYALA § AT AUSTIN, TEXAS
APPELLEE'S SECOND MOTION TO EXTEND TIME TO FILE
APPELLEE'S BRIEF
TO THE HONORABLE JUSTICES OF ·SAID COURT-:
Now comes GERARDO AYALA, Appellee in the above styled and
numbered cause, and moves this Court to grant an extension of time of 3 0 days to
file appellee's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate
Procedure, and for good cause shows the following:
1. The appellee filed a Motion to Suppress Evidence on April 23, 2014.
The Trial Court filed an Order granting the Motion to Suppress Evidence on
September 29,2014. The State of Texas filed a timely notice of appeal in the above
cause on October 6, 2014. The clerk's record was filed on October 16,2014. The
. reporter's record was filed on October 17, 2014. Defendant's Exhibit No. 1 was
filed on October 22, 2014.
2. The State requested and received two extensions of time to file their
brief and filed it on January 9, 2015. Appellee filed a pro se motion for an
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extension of time to file brief on January 29, 2015 which was ·granted and the
deadline is currently March 2, 20 15.
3. Appellee hired counsel last week and is now no longer pro se.
Counsel, however, needs more time to prepare. Counsel is requesting the record
and has already reviewed the State's brief.
4. Appellee relies on the following facts as good cause for the requested
extension. In addition to the present case, the undersigned counsel has been working
on many other cases.
-s. In the present case, counsel will attempt to file the brief within the next
3 0 days. (However, while counsel will be diligent, it may be necessary to ask for
more extensions in the future because counsel isjust now starting.) For this reason,
counsel seeks an extension oftime in order to adequately fulfill his obligations under
the 6th and 14th Amendments to the United States Constitution.
WHEREFORE, PREMISES CONSIDERED, Appellee prays that this
Court grant this Motion To Extend Time to File Appellee's Brief for thirty additional
days from the filing of this motion, and for such other and further relief as the Court
may deem appropriate.
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Respectfully submitted,
Law Office of Jamie Spencer
812 San Antonio Street, Suite 403
Austin, TX 78701
Tele: 512/472-9909
Fax: 512/472-9908
Cell: 512/964-9900
Email: Jamie@austindefense.com
encer, State Bar No. 90001952
CERTIFICATE OF SERVICE
This is to certify that on March 2, 2015, a true and correct copy ofthe above
and foregoing document was served qy U.S. Mail on the State at the following
address:
Travis County District Attorney's Office
Ms. Angie Creasy
P.O. Box 1748
Austin, TX 78767
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