ACCEPTED
04-15-00240-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/3/2015 12:26:52 PM
KEITH HOTTLE
CLERK
NO. 04-15-00240-CR
MARIO JESUS RAMIREZ § IN THE FOURTH COURT
Appellant §
vs. § OF APPEALS AT
§
THE STATE OF TEXAS, § SAN ANTONIO, TEXAS
Appellee §
FIRST MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Comes Now, Mario Jesus Ramirez, Appellant, and files this Motion for
Extension of Time to File Appellant’s Brief under Rules 10.5(b) and 38.6(d) of the
Texas Rules of Appellate Procedure, and would show:
I.
The deadline for filing Appellant’s brief is November 2, 2015. Appellant
has received no previous extensions of time to file his brief.
II.
Appellant hereby requests a sixty-four (64) day extension of time to file his
brief until January 5, 2016. This request is based on the following:
1. Appellant’s attorney, the undersigned, was hospitalized two days in
October.
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2. The undersigned attorney has had difficulty securing a copy of the
Reporter’s Record from Amy Hinds, the individual who was the Official
Court Reporter during Appellant’s case. Ms. Hinds left her employment
with the 379th District Court of Bexar County, Texas without filing a
copy of the Reporter’s Record with the Bexar County District Clerk’s
office. The only contact information the 379th District Court had for her
was an e-mail address. Ms. Hinds has now promised to send a copy of
the Reporter’s Record, but the undersigned has not as yet received it.
3. The undersigned attorney will have a visit this month from out-of-state
relatives who made travel plans months in advance.
4. This is a serious case in which Appellant was sentenced to Life
imprisonment and a $10,000.00 fine. The extension requested herein is
necessary to accord him with effective assistance of counsel on appeal.
WHEREFORE, PREMISES CONSIDERED, Appellant requests that this
Court grant a sixty-four (64) day extension of time to file his brief until January 5,
2016.
Respectfully submitted,
/s/ Connie J. Kelley
Connie J. Kelley
Attorney for Defendant on Appeal
1108 Lavaca, #110-221
Austin, TX 78701
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(512)445-4504
(512)478-2318 (fax)
warrentucker@grandecom.net
State Bar No. 11199600
CERTIFICATE OF SERVICE
This is to certify that I sent a true and correct copy of the foregoing to Nico
LaHood, Criminal District Attorney, at Paul Elizondo Tower, 101 W. Nueva, 7th
Floor, San Antonio, TX 78205, by regular mail on this 3rd day of November, 2015.
/s/ Connie J. Kelley
Connie J. Kelley
CERTIFICATE OF COMPLIANCE
This is to certify that the foregoing document is in 14 point font. The word
count is 264 words, which is in compliance with T.R.A.P. Rule 9.4.
/s/ Connie J. Kelley
Connie J. Kelley
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