ACCEPTED
03-14-00579-CR
4357971
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/3/2015 4:40:04 PM
JEFFREY D. KYLE
NO. 03-14-00579-CR CLERK
PERRY LEE PENNING, § IN THE THIRD
FILED IN
Appellant § 3rd COURT OF APPEALS
VS. § COURT OF APPEALS AUSTIN, TEXAS
3/3/2015 4:40:04 PM
§
JEFFREY D. KYLE
STATE OF TEXAS, § AT AUSTIN, TEXAS Clerk
Appellee §
MOTION FOR LEAVE TO FILE AMENDED BRIEF
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Comes now, Appellant, Perry Lee Penning, and files this Motion for Leave
to File Amended Brief under T.R.A.P. Rule 38.7 and would show:
I.
On February 2, 2015, the undersigned attorney tendered to this Court an
Amended Brief for Appellant in the above-referenced cause. Justice requires that
Appellant’s amended brief be filed in order to correct an error in the Certificate of
Service that appeared in the original brief. See T.R.A.P. Rules 9.5(e) and 38.7.
II.
Further, Appellant hereby requests that the time limit to file this Motion for
Leave to File Amended Brief be extended to March 4, 2015. This Court originally
requested that this motion be filed by February 12, 2015. The failure of the
undersigned to do so by that date was the result of inadvertence. No previous
extensions of time to file this motion have been granted.
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PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
motion be granted and that his amended brief previously tendered to this Court on
February 2, 2015, be filed.
Respectfully submitted,
/s/ Connie J. Kelley
CONNIE J. KELLEY
Attorney for Appellant
1108 Lavaca, #110-221
Austin, TX 78701
(512)445-4504
(512)478-2318 (facsimile)
warrentucker@grandecom.net
State Bar No. 11199600
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing was served on
David Escamilla, Travis County Attorney, at 314 W. 11th St., Ste. 300, Austin,
TX 78701 by regular mail on this 3rd day of March, 2015
/s/ Connie J. Kelley
CONNIE J. KELLEY
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CERTIFICATE OF COMPLIANCE
This is to certify that the foregoing document is in 14 point font, with the
exception of footnotes, which are in 12 point font. The word count of the
foregoing document is 210 words, which is in compliance with T.R.A.P. Rule 9.4.
/s/ Connie J. Kelley
CONNIE J. KELLEY
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