ACCEPTED
04-15-00640-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
10/14/2015 10:08:49 AM
KEITH HOTTLE
CLERK
04-15-00640-CR
CAUSE NO. ____________________________
FILED IN
4th COURT OF APPEALS
EDUARDO REYES, § IN THE COURT OF APPEALS
SAN ANTONIO, TEXAS
Appellant § 10/14/2015 10:08:49 AM
VS. § IN SAN ANTONIO,
KEITH E.TEXAS
HOTTLE
§ Clerk
THE STATE OF TEXAS, § 4TH JUDICIAL DISTRICT
Appellee
MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW EDUARDO REYES, Appellant in the above styled and
numbered cause, and files this Motion for Extension of Time to File Notice of Appeal,
pursuant to Rule 26.3 and 10.5, Texas Rules of Appellate Procedure and in support of
this Motion, Appellant would show the following:.
I.
On September 9th 2015, in the 226th District Court and under cause number 2014-
CR-0808, styled State of Texas v. Eduardo Reyes, the Appellant was sentenced to 35
years in prison for the charge of murder. Appellant has the legal right to appeal as
indicated on the Trial Court’s Certification of the Appellant’s Right to Appeal. The
deadline for filing a Notice of Appeal was October 9th, 2015. Accordingly, this motion
to extend the time to file the notice of appeal is filed within 15 days after the deadline for
filing.
II.
In accordance with Texas Rule of Appellate Procedure Rule 26.3 the Appellant
filed a notice of appeal with the trial court on October 13, 2015. Additionally, and in
conjunction with this motion, the Appellant filed the required Docketing Statement on
October 14, 2015.
III.
The facts relied on to reasonably explain the need for an extension are as follows:
Undersigned counsel was appointed to represent Appellant in the trial court.
Shortly after sentencing Appellant and trial counsel were able to confer regarding his
appellate rights. Trial Counsel informed Appellant that he would receive another
appointed attorney to represent him on his appeal. However, Appellant requested that
the undersigned counsel remain on his case as appellate attorney. Appellant noted that
counsel is the most familiar with his case, he is comfortable with counsel, and counsel
and Appellant have established good rapport.
Appellant is indigent and unable to afford to retain counsel as the appellate
attorney of his choosing. Counsel sought approval from the trial court to remain on as
appointed appellate counsel. However, the trial court required a formal hearing to
ensure that Appellant wished for trial counsel to remain on as appellate counsel. That
hearing was unable to be conducted until October 13, 2015, due to courtroom docketing
constraints, the availability of counsel, and Appellant being held at the Bexar County
Jail. On October 13, 2015, Appellant appeared and stated his wishes on the record that
undersigned counsel remain on his case as the appointed appellate attorney and the trial
court accordingly approved the request.
WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court for an
order granting an extension of time for Appellant to file notice of appeal from the
judgment of conviction and sentence rendered against Appellant in this case.
Respectfully submitted,
Robert F. Gebbia
Law Offices of William T. Reece, Jr.
107 Woodward Place
SAN ANTONIO, TX 78204
Tel: (210) 225-7555
Fax: (210) 226-3596
By: ____/s/________________________
Robert F. Gebbia
State Bar No. 24054162
lawofficewmreece@gmail.com
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that on October 14, 2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Bexar County
Efile.
__________/s/_______________________
Robert F. Gebbia
CERTIFICATE OF COMPLIANCE
Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the undersigned
counsel of record certifies that the motion contains 689 words.
__________/s/_______________________
Robert F. Gebbia
CAUSE NO. ____________________________
EDUARDO REYES, § IN THE COURT OF APPEALS
Appellant §
VS. § IN SAN ANTONIO, TEXAS
§
THE STATE OF TEXAS, § 4TH JUDICIAL DISTRICT
Appellee
ORDER EXTENDING TIME TO FILE NOTICE OF APPEAL
On this the _____ day of _______________, 2015, came on to be heard Appellant's
Motion for Extension of Time to File Notice of Appeal and the Court is of the opinion
that this Motion should be:
GRANTED, and the deadline for filing notice of appeal in this case is extended to
_________________________, 2015.
DENIED.
SIGNED this the _____ day of _______________, 2015.
__________________________________
JUDGE PRESIDING