ACCEPTED
03-13-00852-CR
4224145
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/20/2015 9:49:08 AM
JEFFREY D. KYLE
CLERK
IN THE COURT OF APPEALS FOR THE
THIRD JUDICIAL DISTRICT
AUSTIN, TEXAS FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
2/20/2015 9:49:08 AM
GREGORY LOPEZ § JEFFREY D. KYLE
Appellant § Clerk
§
vs. § Case No. 03-13-00852-CR
§
STATE OF TEXAS §
Appellee §
APPELLANT’S UNOPPOSED MOTION TO AMEND BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
COMES NOW Appellant, through his undersigned counsel, pursuant to
Rule 38.1(e) and 39.7 of the Texas Rules of Appellate Procedure, respectfully
requests the Court allow the filing of an Amended Brief in lieu of the original
brief. In support of his motion, Appellant shows unto the Court:
1. On December 16, 2014, Appellant filed his Brief with the Third Court of
Appeals without the request for oral argument on the cover page of his brief.
2. As required, any party requesting oral argument must note that request on
the front cover of the party’s brief. Due to this omission, Appellant is requesting
permission to file his Amended Brief with the request for oral argument on the
cover page.
3. This motion is not filed in order to delay or hamper these proceedings.
WHEREFORE, Appellant respectfully requests the Court grant his motion and
allow him to file an Amended Brief in lieu of the original brief to be considered by
this Court.
Submitted this the 20th day of February, 2015.
Respectfully submitted,
SERGI AND ASSOCIATES P.C.
329 South Guadalupe Street
San Marcos, Texas 78666
Tel: 512 392 5010
Fax: 512 392 5042
By: /s/ David K. Sergi
David K. Sergi
State Bar No. 18036000
E-Mail: david@sergilaw.com
ATTORNEY FOR GREGORY LOPEZ
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CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.5(b) I certify that I
have conferred with the Comal County District Attorney’s Office, Joshua Presley,
counsel for Appellee and have been informed that Appellee takes no opposition to
our Motion to Amend Brief.
/s/ David K. Sergi
David K. Sergi
CERTIFICATE OF SERVICE
This is to certify that on February 20, 2015 a true and correct copy of the
above and foregoing document was served on the Comal County District
Attorney's Office, Joshua Presley, by fax at (830) 608-2008.
/s/ David Sergi
David K. Sergi
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