ACCEPTED
03-15-00053-CR
6217748
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/24/2015 2:59:30 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00053-CR
IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
THIRD DISTRICT OF TEXAS AT AUSTIN
7/24/2015 2:59:30 PM
JEFFREY D. KYLE
Clerk
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CAUSE NO. 71,785
IN THE 264TH JUDICIAL DISTRICT COURT OF
BELL COUNTY, TEXAS
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KEVIN DUANE DRISDALE APPELLANT
VS.
THE STATE OF TEXAS APPELLEE
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APPELLANT’S FOURTH MOTION FOR EXTENSION
OF TIME TO FILE BRIEF
COMES NOW Appellant, KEVIN DUAN DRISDALE, by and
through his attorney of record, James H. Kreimeyer, and
respectfully moves the Court to extend the time for
filing the Appellant’s Brief in this cause, and in
support hereof would show the Court as follows:
I.
On December 8, 2014, Appellant entered a plea
pursuant to a plea bargain with the prosecutor and
approved by the Court, and the punishment assessed was
twenty years (20) in the Texas Department of Criminal
Justice, Institutional Division. The trial court’s
certificate of Appellant’s Right to Appeal granted
Appellant’s appeal of the denial of the Motion to
Suppress. The original notice of appeal filed on
behalf of Appellant on January 5, 2015, did not address
the right to appeal denial of a pre-trial motion.
II.
An Amended Notice of Appeal was filed on March 31,
2015, with the Third Court of Criminal Appeals in
Austin. A third Motion for Extension to File Brief was
e-filed on June 24, 2015. On June 24, 2015, the court
reporter completed the record in this cause.
Appellant’s Brief is due for filing with the Court of
Appeals on July 27, 2015.
III.
Appellant’s attorney would respectfully request an
extension of time to file Appellant’s brief for the
following reason: Previous motions for extension to
file Appellant’s brief were based on court reporter not
having completed the reporter’s record of a motion to
suppress. Appellate counsel needs an additional 30
days to review authorities and counsel’s legal
assistant is going to be out on vacation and final
draft cannot be completed and e-filed.
This Motion for Extension of Time is not filed for
the purpose of delay, but so that the ends of justice
may be served.
WHEREFORE, PREMISES CONSIDERED, Appellant requests
the Court to grant a thirty (30) day extension of time
to file the brief herein until August 26, 2015.
Respectfully submitted,
/s/ James H. Kreimeyer
JAMES H. KREIMEYER
ATTORNEY FOR APPELLANT
P.O. BOX 727
BELTON, TEXAS 76513
(254) 939-9393
(254) 939-2870 FAX
T.S.B. #11722000
jkreime@vvm.com
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of
the foregoing Appellant’s Motion for Extension of Time
to File Brief was delivered to Henry Garza, District
Attorney, Bell County Courthouse, Belton, Texas 76513,
on the 24th day of July 2015.
/s/ James H. Kreimeyer
JAMES H. KREIMEYER
ATTORNEY FOR APPELLANT