ACCEPTED
03-15-000233-CR
6276817
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/29/2015 2:55:34 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00233-CR
IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
THIRD DISTRICT AUSTIN, TEXAS
AT AUSTIN, TEXAS 7/29/2015 2:55:34 PM
JEFFREY D. KYLE
Clerk
__________________________________________________________________
ISREAL REYES, SR., Appellant
v.
THE STATE OF TEXAS
MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF
__________________________________________________________________
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF
APPEALS:
Comes now, Isreal Reyes, Sr., Appellant in the above styled and numbered
cause and would show this honorable Court the following:
I.
Reyes was convicted in the above cause for the offenses of aggravated
assault, endangering a child, and unlawful possession of a firearm. Punishment
was assessed at 20 years and two 10 year sentences. Notice of appeal was timely
filed after the Court of Criminal Appeals granted an out of time appeal. The
appeal was docketed in this Court.
II.
A clerk’s record was filed on May 18, 2015. A reporter’s record was filed
on July 3, 2015. Reyes’s brief is due on August 6, 2015.
III.
Appellant seeks a 90 day extension of the current deadline in which to file
Appellant’s brief, up to and including, November 4, 2015.
IV.
This request is based on the following facts which prevent counsel for
Appellant from preparing the brief by the current deadline:
The record in this cause is voluminous. It is comprised of nine volumes.
Counsel has not had an opportunity to review the record and prepare Appellant’s
brief by August 6, 2015. Filing of the brief cannot be accomplished by the current
deadline while still effectively representing Appellant on direct appeal to this
Court.
Additionally, counsel cannot meet the current deadline and needs a 90 day
extension because: since the reporter’s record was filed in this cause, counsel has
prepared and filed an applicant’s application for writ of habeas corpus in Ex parte
Zahir Querishi, cause number 86,707, in the 315th District Court of Harris County;
2
an appellant’s brief in Tyler Ebanks v. State of Texas, No. 03-15-00392-CR, in the
Third Court of Appeals; and a 30 page defendant’s motion for new trial in State of
Texas v. Gary Lee Griffin, cause number CR-14-0432, in the 22nd District Court of
Hays County, Texas. Counsel will be out of the State of Texas from August 2 to
August 4, 2015. Counsel will be attending a CLE course from August 6 to 7,
2015. Counsel has an appellant’s brief in a capital murder conviction in US
Carnell Petetan v. State of Texas, No. AP-77,038, in the Court of Criminal
Appeals, due on second extension on August 31, 2015. Counsel has an appellant’s
motion for rehearing due on first extension in Eleazar Luna v. State of Texas, No.
13-13-00367-CR, in the Thirteenth Court of Appeals on August 31, 2015. Counsel
must prepare and file findings of fact and conclusions of law in Ex parte
Christopher Wimberly, No. 54,705-E, in the 264th District Court of Bell County,
Texas, on or before September 8, 2015.
V.
This is the first request for an extension to file Appellant’s brief.
PRAYER
Appellant requests this Court grant the motion and extend the time to file
Appellant’s brief by 90 days, up to and including November 4, 2015.
Respectfully submitted,
/s/Richard E. Wetzel
Richard E. Wetzel
3
State Bar No. 21236300
1411 West Ave., Suite 100
Austin, Texas 78701
(512) 469-7943
(512) 474-5594
wetzel_law@1411west.com
Attorney for Appellant
Isreal Reyes, Sr.
CERTIFICATE OF SERVICE
This is to certify a true and correct copy of this pleading was sent by email
to Counsel for the State of Texas, Josh Presley, Assistant District Attorney, at
presj@co.comal.tx.us on this the 29th day of July, 2015.
/s/Richard E. Wetzel
Richard E. Wetzel
State Bar No. 21236300
4