ACCEPTED
03-15-00065-CR
4826265
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/9/2015 1:31:05 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00065-CR
ELIZABETH BLACK, § FILED IN
3rd COURT OF APPEALS
Appellant § IN THE COURT OF APPEALS
AUSTIN, TEXAS
§ 4/9/2015 1:31:05 PM
vs. § FOR THE THIRDJEFFREY
DISTRICT
D. KYLE
Clerk
§
THE STATE OF TEXAS, § OF TEXAS
Appellee §
APPELLANT'S FIRST MOTION
FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
COMES NOW, ELIZABETH BLACK, Appellant, and files this motion for
an extension of thirty (30) days in which to file Appellant's Brief. This request is
made pursuant to and in compliance with Texas Rules of Appellate Procedure 10.1
and 10.5(b)(l). In support ofthis motion, Appellant shows the court the following:
I.
Appellant appealed a pre-trial suppressiOn order in a Driving While
Intoxicated case from the Travis County Court at Law Number Five, Cause
Number C1CR-13-217530 which was denied on January 13, 2015. Appeal was
perfected by Appellant on January 26, 2015. Pursuant to Texas Rule of Appellate
Procedure 38.6(a) Appellant's brief is due April10, 2015.
II.
Counsel for Appellant has a very large docket and trial schedule which has
prevented him from being able to complete a brief. Thus, Appellant requests an
extension of thirty (30) days in which to file her brief.
III.
This is Appellant's first request for extension of time. Appellant has not
requested any previous requests for extension of time.
WHEREFORE, Appellant prays the court grant this motion and extend the
deadline for filing Appellant's Brief thirty (30) days.
Respectfully subn · ed,
-~ "7
/
.GUNTER
State Bar No. 08624600
ALAN BENNETT
State Bar No. 02137100
MERIL "GENE" ANTHES, JR.
State Bar No. 24040125
GUNTER, BENNETI & ANTHES, P.C.
600 West Ninth Street
Austin, Texas 78701-2212
Chris@GBAFirm.com
www.GBAFirm.com
Phone: (512) 476-2494
Fax: (512) 476-2497
Attorney for Appellant
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above and foregoing Motion for
Extension of Time to Brief was delivered to Ms. Giselle Horton, Assistant Travis
County Attorney, via facsimile to (512) 854-9316 on this the 9th day of April,
2014.
CHRISTOPHER M. GUNTER
THE STATE OF TEXAS §
§
COUNTY OF TRAVIS §
VERIFICATION
On this day, Christopher M. Gunter appeared before me, the undersigned
notary public, and after I administered an oath to him, upon his oath, he said he
read the Appellant's First Motion for Extension of Time to Brief and the facts
stated in it are within his personal knowledge and are true and correct.
CHRISTOPHER M. GUNTER
SWORN TO AND SUBSCRIBED before me by Christopher M. Gunter on
April 9, 2015 .
NO. 03-15-00065-CR
ELIZABETH BLACK, §
Appellant § IN THE COURT OF APPEALS
§
vs. § FOR THE TIDRD DISTRICT
§
THE STATE OF TEXAS, § OF TEXAS
Appellee §
ORDER
On this day came to be heard Appellant's First Motion for Extension of
Time to File Brief, and the court having reviewed the same finds the motion should
be:
GRANTED I DENIED.
IT IS THEREFORE ORDERED that the time in which to file Appellant's
Brief is extended until the _ __ day of _ _ _ _ _ _ _ _ _ , 2015.
SIGNED this_ day of _ _ _ _ _ _ , 2015.
JUDGE PRESIDING
GUNTER,
BENNETT
&ANTHES
ATTORNEYS AT LAW
600 WEST NINTH STREET
AUSTIN, TEXAS 78701
Christopher M. Gunter* Telephone:
Alan Bennett Office: (512) 476-2494
Merit "Gene" Anthes, Jr. Fax: (512) 476-2497
,. Board Certified- Criminal Law
Texas Board of Legal Specialization
April 9, 2015
Jeffrey D. Kyle Via Electronic Delivery
Price Daniel Sr. Building
209 West 14th Street, Room 101
Austin, Texas 78701
Re: Elizabeth Black
vs.
The State of Texas
No. 03-15-00065-CR
On Appeal from Travis County
Court-at-Law Number Five
Cause No. Cl-CR-13-217530
Dear Mr. Kyle:
Enclosed for filing please find Appellant's First Motion for Extension of Time to File
Brief in the above-referenced cause.
Thank you for your assistance in this matter. Please feel free to contact me should you
have any questions.
Christopher M. Gunter
cc: Giselle Horton
Assistant Travis County Attorney
Via Facsimile (512) 854-9316