ACCEPTED
03-14-00676-CR
6244413
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/27/2015 8:50:13 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00676-CR
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE 7/27/2015 8:50:13 PM
THIRD SUPREME JUDICIAL DISTRICT JEFFREY D. KYLE
Clerk
AT AUSTIN, TEXAS
ANGELITA RODRIGUEZ PACHECO,
Appellant
vs.
THE STATE OF TEXAS,
Appellee
Appeal from the 424th Judicial District Court
Cause No. 41988
Burnet County, Texas
The Honorable Dan Mills, Judge Presiding
APPELLANT’S BRIEF MOTION
Gary E. Prust
State Bar No. 24056166
1607 Nueces Street
Austin, Texas 78701
(512) 469-0092
Fax: (512) 469-9102
gary@prustlaw.com
ATTORNEY FOR APPELLANT
Pacheco v. State Page 1 of 4
Motion for Leave to File Late Brief
ORAL ARGUMENT IS NOT REQUESTED
APPELLANT’S MOTION FOR LEAVE TO FILE LATE BRIEF
Appellant, by and through her attorney, Gary Prust, files this, his “Motion
for Leave to File Late Brief,” and in support thereof shows as follows.
I.
1. Appellant's Motion is brought pursuant to TEX.R.APP.P 10.5(b). This
motion is filed in conjunction with the filing of Appellant’s brief.
2. Appellant has requested previously three times in which to file his brief.
3. Appellant's brief was due on July 20, 2015.
4. Appellant's attorney had a very busy trial and appellate schedule during the
months of June and July 2015. The father of appellant’s attorney also passed away
in the month of June 2015, and he had to attend to those matters. This brief is
completed and is the third brief appellant’s attorney has authored this month.
5. In order to address the issues raised in the present appeal thoroughly,
Appellant’s attorney required an additional week beyond the due date for filing his
brief.
6. Accordingly, Appellants request that this Court grant him leave to file this
brief, one week past the most recent submission date.
Pacheco v. State Page 2 of 4
Motion for Leave to File Late Brief
Respectfully submitted,
/s/ Gary E. Prust
Gary E. Prust
SBN 24056166
1607 Nueces Street
Austin, Texas 78701
(512) 469-0092
Fax: (512) 469-9102
gary@prustlaw.com
Attorney for Appellant
Pacheco v. State Page 3 of 4
Motion for Leave to File Late Brief
CERTIFICATE OF SERVICE
In compliance with TEX. R. APP. PROC. 9.5(b)(1), (d), and (e) the
undersigned attorney certifies that a true and correct copy of the foregoing Brief
was served at or before the time of its filing upon Mr. Gary Bunyard and on Mr.
Blake Ewing, through electronic via the electronic filing manager through
efile.txcourts.gov on the 27th day of July, 2015.
/s/ Gary Prust
Gary E. Prust
CERTIFICATE OF CONFERENCE
In compliance with Rule 10.1(a)(5) of the Texas Rules of Appellate
Procedure, the undersigned attorney certifies he conferred with the 33rd and 424th
District Attorney’s Office via email communication concerning the merits of this
motion.
/s/ Gary Prust
Gary E. Prust
CERTIFICATE OF COMPLIANCE
Pursuant to TEX. R. APP. PROC. 9.4(i)(3), I hereby certify this brief contains
182 words. This is a computer-generated document created in Microsoft word,
using 14-point typeface. In making this this certificate, I rely on the word county
provided by the software use to prepare the document.
/s/ Gary Prust
Gary E. Prust
Pacheco v. State Page 4 of 4
Motion for Leave to File Late Brief