ACCEPTED
04-15-00420-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/9/2015 3:50:07 PM
KEITH HOTTLE
CLERK
IN THE COURT OF APPEALS
FOURTH COURT OF APPEALS DISTRICT OF TEXAS
FILED IN
4th COURT OF APPEALS
JOSE LUIS GARZA-RAMIREZ SAN ANTONIO, TEXAS
11/9/2015 3:50:07 PM
VS. NO. 04-15-00420-CR
KEITH E. HOTTLE
Clerk
STATE OF TEXAS
SECOND MOTION TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW the Appellant, JOSE LUIS GARZA-RAMIREZ, and
respectfully moves the Court to extend the time for filing the Brief for
Appellant for 30 days, until December 9, 2015, and in support of said
motion would show the Court as follows:
I.
This is an appeal from a conviction for assault and a one-year
probated sentence of. Appellant was sentenced in Cause No. 478490, styled
State of Texas v. Jose Luis Garza-Ramirez, on June 30, 2015, in County
Court-at-Law No. 13 of Bexar County, Texas, Hon. Crystal Chandler,
presiding.
II.
No motion for new trial was filed. Appellant’s notice of appeal was
timely filed on July 2, 2015.
III.
The clerk’s record was filed electronically with the Court of Appeals
on July 23, 2015. The reporter’s record (1 volume by Rhonda L. Hogan and
3 volumes by Kandy K. Halley) was filed on September 3 and September 8,
2015, respectively.
Appellant’s brief is due on November 9, 2015. This motion is timely,
pursuant to Rule 38.6(d), T.R.A.P. One prior request for extension have
been granted.
IV.
Appellant requests a 30-day extension to file his brief, until December
9, 2015. During the previous month, the undersigned counsel has his briefs
in the following cases: (1) No. 04-15-00278-CR, Sidney Denbina v. State of
Texas, filed October 9, 2015; (2) No. 04-15-00382-CR, Richard Salas v.
State of Texas, filed October 21, 2015; and (3) No. 04-15-00289-CR, Rodney
Joe Garrett v. State of Texas, filed November 9, 2015. In addition, counsel
filed his response to the Court’s order proposing to dismiss for no right of
appeal in No. 04-15-00592-CR, David Devan Trevino v. State of Texas, filed
November 2, 2015.
V.
Extenuating Circumstances. The undersigned attorney has been the
sole appellate attorney in the Bexar County Public Defender’s Office since
September 24, 2015, when the employment of other appellate counsel in this
office ended and he assumed representation in all but two of the other
attorney’s cases. This effectively more than doubled the undersigned
counsel’s caseload, a situation which will continue until a replacement
counsel his hired. The last two briefs which the undersigned counsel filed
were from the other attorney’s caseload, and the Rodney Joe Garrett
reporter’s record consists of 12 volumes, necessitation a lengthy preparation
time. He Garrett brief was filed on the same day as this motion.
WHEREFORE, the Appellant requests this Court to extend the time
for filing the brief for Appellant until December 9, 2015.
Respectfully submitted,
/s/ Michael D. Robbins
MICHAEL D. ROBBINS
Assistant Public Defender
Paul Elizondo Tower
101 W. Nueva St., Suite 370
San Antonio, Texas 78205
(210) 335-0701
FAX (210) 335-0707
mrobbins@bexar.org
Bar No. 16984600
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and
foregoing second motion to extend time to file brief has been emailed to the
Bexar County District Attorney’s Office, Appellate Division, Paul Elizondo
Tower, 101 W. Nueva St., Suite 710, San Antonio, Texas 78205; on
November 9, 2015.
/s/ Michael D. Robbins
MICHAEL D. ROBBINS
Assistant Public Defender