PD-1340-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
April 1, 2015 Transmitted 4/1/2015 10:11:01 AM
Accepted 4/1/2015 10:58:34 AM
ABEL ACOSTA
No. PD-1340-14 CLERK
KEVIN LEVELLE KENT § IN THE COURT OF
v. § CRIMINAL APPEALS
THE STATE OF TEXAS § OF TEXAS
APPELLANT’S FIRST UNOPPOSED MOTION TO EXTEND TIME
TO FILE BRIEF ON DISCRETIONARY REVIEW
TO THE HONORABLE COURT:
COMES NOW, the Appellant in the above and styled and numbered
cause, by and through his attorney James F. Pons and respectfully requests
this Court grant this Unopposed Motion to Extend Time to File Appellant’s
Brief on Discretionary Review. In support hereof, the Appellant would show:
I.
The deadline for filing the Appellant’s brief is 30 days from the date
the Appellee’s brief is received, making the Appellant’s brief initially due on
April 2, 2015.
II.
The continuance is asked in good faith and not solely for the purpose
of delay. The Appellant asks for a 3 week extension to April 23, 2015.
III.
Attorney for the Appellant is also trial counsel for the Defendant in the
State of Texas v. Jose Diaz, No. 1421958, where the Defendant is charged
with indecency with a child. Mr. Diaz’s trial is set for April 1, 2015 in the
263rd District Court of Harris county requiring counsel for the Appellant to
prepare for such matter. The reporters record in this matter under review is
18 volumes. For theses reasons attorney for the Appellant requests an
extension of time in order to effectively review the Appellee’s Brief on
Discretionary Review and finish Appellant’s brief.
IV.
There has been no prior Motions for Extension of Time to File
Appellant’s Brief on Discretionary Review granted in this case.
PRAYER
Wherefore Premises considered Appellant respectfully requests this
Court grant the Motion to Extend Time to File Appellant’s Brief on
Discretionary Review so that attorney for the Appellant will have sufficient
time to effectively review the Appellee’s brief and finish his brief.
Respectfully submitted,
/s/James F. Pons
JAMES F. PONS
10900 Northwest Fwy., Ste. 230
HOUSTON, TX 77092
SBN 24041707
PH (832)372-8138
F (713)869-8330
CERTIFICATE OF SERVICE AND CONFERENCE
I hereby certify that a true and correct copy of the foregoing motion has
been served to the Harris County District Attorney on April 1, 2015. Counsel
for the Appellant conferred with Counsel for the State and on April 1, 2015
and the State has no objection to the foregoing motion.
/s/ James F. Pons
JAMES F. PONS
No. PD-1340-14
KEVIN LEVELLE KENT § IN THE COURT OF
v. § CRIMINAL APPEALS
THE STATE OF TEXAS § OF TEXAS
O R D E R
BE IT REMEMBERED that on this the ________day of
___________________, 2015, came on to be considered the foregoing motion
of the Appellant and after a plenary hearing, the Court having considered the
motion, it is therefore ORDERED that the aforesaid motion is herby:
_______________GRANTED
___________________DENIED
SIGNED this ___________________________________, 2015.
______________________
JUDGE PRESIDING
Kent, Kevin Lavelle
Combined Opinion