ACCEPTED
03-14-00588-CR
3951097
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/29/2015 2:41:58 PM
JEFFREY D. KYLE
CLERK
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
CAUSE NO. 03-14-00588-CR 1/29/2015 2:41:58 PM
JEFFREY D. KYLE
Clerk
IN THE
COURT OF APPEALS
THIRD DISTRICT OF TEXAS
A USTIN, TEXAS
STATE OF TEXAS § APPELLANT
vs. §
HECTOR MARTINEZ § APPELLEE
APPEAL FROM THE 427th nJDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
CAUSE NO. D-1-DC-13-900228
APPELLE'S MOTION FOR EXTENTION OF TIME
TO THE HONORABLE COURT OF APPEALS:
Comes Now, Hector Martinez, Appellee in the above-styled cause,
and respectfully moves for a deadline for filing the Appellee's brief, and in
accordance with the Texas Rules of Appellate Procedure 38.6 and 10.5(b),
advises the Court as follows:
a) The Defendant filed a Motion to Suppress Evidence on August 1,
2014. The Trial Court filed an Order granting the Motion to Suppress
Evidence on September 9, 2014. The State timely filed notice of
appeal in the above cause on September 11, 2014. The reporter's
record was filed on September 22, 2014. The clerk's record was filed
on October gth 2014.
b) The Defendant's brief is currently due on January 30, 2015.
c) This request is that the deadline for filing the Appellee's brief be
extended by 30 days.
d) This is the Appellee's first request for an extension.
e) The Appellee relies upon the following facts to reasonably explain the
need for an extension of the deadline:
1) The State filed its brief on December 31 st, 2014, a day more
commonly known as New Year's Eve.
2) Appellee's counsel maintains an active civil and criminal law
practice in Travis, Caldwell, Hays, Williamson, and Hidalgo
Counties. Since the filing of the State' s notice of appeal and
State's brief Appellee's counsel has been responsible for the
maintenance of multiple cases spanning Central and South
Texas.
3) Further, the state raised the issue of exigent circumstances in
the State's brief. This issue was previously discussed as a non-
issue between the State's attorney and Appellee's attorney.
This issue now being raised requires additional research for
Appellee's counsel.
WHEREFORE, Hector Martinez, Appellee, respectfully requests the Court
extend the deadline for filing Appellee's brief to March 2"d, 2014.
Aus · , exas 78701
512.897.3325
Fax No. 512.501.6307
Delavina.law@gmail.com
www.delavinalaw.com
CERTIFICATE OF COMPLIANCE
Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify,
based upon the computer program used to generate this motion this motion
contains 282 words, excluding words contained in those parts of the motion
that Rule 9.4(i) exempts from inclusion in the word count. I certify, further,
that this motion is printed in a conventional,
I hereby certify that, on the 29th day of January, 2015, a true and
correct copy of this motion was served by electronic mail, and electronically
through the eelectronic filing manager e Appellant's attorney, Angie
Creasy, at angie.creasy@traviscoun x.