ACCEPTED
03-14-00654-CR
5539235
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/4/2015 9:10:58 AM
JEFFREY D. KYLE
CLERK
IN THE THIRD COURT OF APPEALS
FOR THE STATE OF TEXAS
FILED IN
3rd COURT OF APPEALS
JAMES PALACIO AUSTIN, TEXAS
6/4/2015 9:10:58 AM
V. NO. 03-14-00654-CR
JEFFREY D. KYLE
Clerk
THE STATE OF TEXAS
APPELLANT’S THIRD MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
COMES NOW, James Palacio, by and through his attorney of record,
Linda Icenhauer-Ramirez, and files this his Third Motion for Extension of
Time to Brief and in support thereof, would show the Court the following:
I.
That the above-styled and numbered cause is styled The State of
Texas v. James Palacio, Cause Number D-1-DC-14-904021 in the 427th
Judicial District Court of Travis County, Texas. Appellant was sentenced on
September 26, 2014.
II.
Appellant was convicted of aggravated assault and punishment was
assessed at thirty years imprisonment.
III.
Appellant’s notice of appeal was filed on October 6, 2014. The
reporter’s record was filed on January 30, 2015 and the clerk’s record was
filed on January 26, 2015. The due date for the brief is Monday, April 20,
2015.
IV.
This is Appellant’s third motion for extension of time to file his brief.
Appellant respectfully requests a forty-five day extension of time to file the
brief, which would make such brief due on Sunday, July 19, 2015. The next
working day is Monday, July 20, 2015.
V.
The undersigned attorney has begun reading the record in this case but
has been unable to complete the brief due to necessary work needed to be
completed on several other appeal cases and due to her busy schedule in
both the district and county courts of Travis and Williamson Counties. She
has recently completed and filed briefs in the cause of State of Texas v.
Brian Roland Chandler, Cause No. 03-14-00547-CR and in the causes of
State of Texas v. Troy Williams, 03-14-00229-CR and 03-14-00228-CR.
Yesterday she completed and filed petitions for discretionary review in the
Court of Criminal Appeals in the causes of Rodolfo Cisneros v. State of
Texas, Cause Nos. 03-13-00206-CR, 03-13-00207-CR, 03-13-00208-CR
and 03-13-00209-CR. She is completing work on the brief in Leonardo
Cantos v. State of Texas, No. 03-14-00585-CR and as soon as that brief is
done, she will devote her full attention to this brief. She asks that this
extension be granted so that she may effectively represent Appellant and so
that justice may be done in this case.
Respectfully Submitted,
/s/ Linda Icenhauer-Ramirez
LINDA ICENHAUER-RAMIREZ
Attorney at Law
1103 Nueces
Austin, Texas 78701
(512) 477-7991
FAX #: (512) 477-3580
SBN: 10382944
ATTORNEY FOR APPELLANT
CERTIFICATE OF COMPLIANCE
I hereby certify that this motion was computer generated and contains
491 words, as calculated by the word count function on my computer.
/s/ Linda Icenhauer-Ramirez
LINDA ICENHAUER-RAMIREZ
CERTIFICATE OF SERVICE
I, Linda Icenhauer-Ramirez, hereby certify that a true and correct
copy of the foregoing Appellant’s Third Motion for Extension of Time to
Brief was e-served to the Travis County District Attorney's Office on this the
4th day of June, 2015.
/s/ Linda Icenhauer-Ramirez
LINDA ICENHAUER-RAMIREZ