ACCEPTED
03-14-00802-CR
5240388
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/12/2015 12:51:35 AM
JEFFREY D. KYLE
CLERK
C ASE N UMBER 03-14-00802-CR
FILED IN
3rd COURT OF APPEALS
P EDRO E LIZONDO M ARTINEZ , J R . C OURT OF A PPEAL
AUSTIN, TEXAS
S
5/12/2015 12:51:35 AM
Appellant
JEFFREY D. KYLE
VS . T HIRD D ISTRICT OFClerk
T EXAS
T HE S TATE OF T EXAS AUSTIN , T EXAS
On appeal from the 26th Judicial District Court
Williamson County, Texas
Cause Number 13-1936-K26
U NOPPOSED M OTION TO E XTEND T IME
FOR F ILING A PPELLANT ’ S B RIEF
M R . E LLIC S AHUALLA
Counsel for Appellant
State Bar Number 24057365
600 W. 13th St. Austin, Texas 78701
ph (512) 921-8247 fax (512) 451-5882
email ellic@sahuallalaw.com
I DENTITY OF PARTIES & C OUNSEL
A p p e l l a t e Pa r t i e s
MR. PEDRO ELIZONDO MARTINEZ, JR. T HE S TATE OF T EXAS
Appellant
Appellate Counsel
M R . E LLIC S AHUALLA T HE H ONORABLE J ANA D UTY
Counsel for Appellant Counsel for the State
State Bar Number 24057365 State Bar Number 24000244
600 W. 13th St. Austin, Texas 78701 405 Martin Luther King, Box 1
ph (512) 921-8247 fax (512) 451-5882 Georgetown, Texas 78626
email ellic@sahuallalaw.com ph (512) 943-1234 fax (512) 943-1255
email jprezas@wilco.org
U NOPPOSED M OTION TO E XTEND T IME
FOR F ILING A PPELLANT ’ S B RIEF
T O THE H ONORABLE C OURT:
The appellant would show the following:
Deadline
The current deadline for filing the appellant’s brief is May 11, 2015.
Length of Extension
The appellant is seeking a 60-day extension, which would make the new deadline
July 10, 2015.
Need for Extension
Counsel for the appellant (“Counsel”) is both a solo practitioner in private
practice and chief of staff and general counsel to a state legislator. The “briefing
time” after the reporter’s record was filed in this case not only fell during a
legislative session, but during April and May, by far the Texas Legislature’s busiest
time. The time commitment necessary to attend to these duties has prevented
Counsel from adequately briefing the issues in this appeal despite diligent efforts.
In terms of the length of extension requested, Counsel expects to be in two
felony trials in June: The State of Texas v. Georganne Bernice Shirley, CR-14-0300, and
The State of Texas v. Branden Mika Hampton, CR-14-0597, both in Hays County.
The requested extension should be ample to account for that, and Counsel
believes the appellant’s brief will be timely filed if the extension is granted.
Extension for Brief, 03-14-00802-CR
Page 1 of 3
Previous Extensions
No previous extensions regarding the appellant’s brief have been requested,
although this court did once extend the deadline on its own motion due to a
delay by the reporter in filing the reporter’s record.
Ve r i f i c a t i o n
This motion need not be verified because of the facts it depends on are within
the personal knowledge of Counsel, whose signature appears below.
Conference
Although no certificate of conference is required because this is a criminal case,
Counsel has contacted appellate counsel for the State about this motion, and the
State is not opposed to it.
P r ay e r
The appellant respectfully moves this court to grant this motion and extend the
deadline for filing the appellant’s brief to July 10, 2015.
R ESPECTFULLY S UB MITTED,
M R . E LLIC S AHUALLA
Counsel for Appellant
State Bar Number 24057365
600 W. 13th St. Austin, Texas 78701
ph (512) 921-8247 fax (512) 451-5882
email ellic@sahuallalaw.com
Extension for Brief, 03-14-00802-CR
Page 2 of 3
C ERTIFICATE OF S ERVICE
I certify that on May 11, 2015, a true and correct copy of this document
was served on the Honorable Jana Duty (whose address is 405 Martin Luther
King, Box 1, Georgetown, Texas 78626) through the electronic filing manager
and by emailing it to State’s appellate counsel, John Prezas, at jprezas@wilco.org.
M R . E LLIC S AHUALLA
Counsel for Appellant
State Bar Number 24057365
600 W. 13th St. Austin, Texas 78701
ph (512) 921-8247 fax (512) 451-5882
email ellic@sahuallalaw.com
Extension for Brief, 03-14-00802-CR
Page 3 of 3