ACCEPTED
03-14-00559-CR
3666090
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/6/2015 1:54:53 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00559-CR
FILED IN
______________________________________________________
3rd COURT OF APPEALS
AUSTIN, TEXAS
1/6/2015 1:54:53 PM
In The Court of Appeals JEFFREY D. KYLE
For The Third Court of Appeals District Clerk
Austin, Texas
______________________________________________________
Zane Lynn Barton,
Appellant,
v.
The State of Texas,
Appellee.
______________________________________________________
ON APPEAL FROM THE 22nd DISTRICT COURT, HAYS
COUNTY, TEXAS TRIAL COURT CAUSE NO. CR-13-0614
______________________________________________________
APPELLANT’S FIRST MOTION TO EXTEND TIME TO
FILE APPELLANT’S BRIEF
______________________________________________________
Amanda Erwin
State Bar No. 24042939
109 East Hopkins Street, Suite 200
San Marcos, Texas 78666
Telephone: (512) 938-1800
Telecopier: (512) 938-1804
Amanda@theerwinlawfirm.com
Counsel for Zane Lynn Barton
Identity of Parties and Counsel
Appellant’s Appellate Counsel:
Amanda Erwin
The Erwin Law Firm, L.L.P.
109 East Hopkins Street, Suite 200
San Marcos, Texas 78666
Telephone: (512) 938-1800
Telecopier: (512) 938-1804
Amanda@theerwinlawfirm.com
Appellee:
The Honorable Wes Mau
Hays County District Attorney
Hays County Government Center
712 South Stagecoach Trail, Suite 2057
San Marcos, Texas 78666
TO THE HONORABLE ELEVENTH COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.5 and 38.6(d), the Appellant, Zane
Lynn Barton, files this First Motion to Extend Time to File Appellant’s
Brief.
The Appellant’s opening brief is currently due on January 7, 2015.
Counsel for Appellant, Zane Lynn Barton, requests a 60-day extension
of time to file Appellant’s brief, making the brief due on March 9, 2015.
This is the first request for extension of time to file the opening brief.
Counsel for Appellant relies on the following reasons, in addition to the
routine matters that counsel must attend to in daily practice, to explain the
need for the requested extension:
1) Counsel for Appellant has several approaching jury trial settings in
District and County Courts, including a murder trial and two sexual
assault of a child trials.
2) Further, Counsel has been out on maternity leave, and is returning
back to the office of January 19, 2015.
Counsel for Appellant seeks this extension of time to be able to prepare
a cogent and succinct brief to aid this Court in its analysis of the issues
presented. This request is not sought for delay but so that justice may be
done.
All facts recited in this motion are within the personal knowledge of the
counsel signing this motion; therefore no verification is necessary under
Texas Rule of Appellate Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, Appellant respectfully requests that this
Court grant this First Motion to Extend Time to File Appellant’s Brief
and extend the deadline for filing the Appellant’s Brief up to March 9,
2015. Appellant requests all other relief to which Appellant may be
entitled.
Respectfully Submitted,
/s/ Amanda Erwin
Amanda Erwin
The Erwin Law Firm, L.L.P.
109 East Hopkins Street, Suite 200
San Marcos, Texas 78666
Telephone: (512) 938-1800
Telecopier: (512) 938-1804
Amanda@theerwinlawfirm.com
Attorney for Appellant
CERTIFICATE OF SERVICE
I certify that of January 7, 2015, a copy of this motion was delivered to
the attorney of record for the opposing party:
The Honorable Wes Mau
Hays County District Attorney
Hays County Government Center
712 South Stagecoach Trail, Suite 2057
San Marcos, Texas 78666
By electronically sending it through File & ServeXpress, LLC, this the 7th
day of January 2015.
/s/ Amanda Erwin
Amanda Erwin