ACCEPTED
03-15-00316-CR
7967115
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/24/2015 11:04:20 AM
JEFFREY D. KYLE
CLERK
No. 03-15-00316-CR
FILED IN
______________________________________________________
3rd COURT OF APPEALS
AUSTIN, TEXAS
11/24/2015 11:04:20 AM
In The Court Of Appeals JEFFREY D. KYLE
For The Third Court Of Appeals District Clerk
Austin, Texas
______________________________________________________
Heather Lauren Richards,
Appellant,
v.
The State of Texas,
Appellee.
______________________________________________________
ON APPEAL FROM THE 433rd DISTRICT COURT, COMAL
COUNTY, TEXAS- TRIAL COURT CAUSE NO. CR2014-091
______________________________________________________
APPELLANT’S SECOND MOTION TO EXTEND TIME TO
FILE APPELLANT’S BRIEF
______________________________________________________
Amanda Erwin
State Bar No. 24042939
109 East Hopkins Street, Suite 200
San Marcos, Texas 78666
Telephone: (512) 938-1800
Telecopier: (512) 938-1804
Amanda@theerwinlawfirm.com
Counsel for Heather Lauren Richards
Identity of Parties and Counsel
Appellant’s Appellate Counsel:
Amanda Erwin
The Erwin Law Firm, L.L.P.
109 East Hopkins Street, Suite 200
San Marcos, Texas 78666
Telephone: (512) 938-1800
Telecopier: (512) 938-1804
Appellee:
Joshua Presley
Comal County District Attorney’s Office
150 N. Seguin Ave, Ste 307
New Braunfels, Texas 78130
Preslj@co.comal.tx.us
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.5 and 38.6(d), the Appellant, Alejandro
Munoz, files this Second Motion to Extend Time to File Appellant’s Brief.
The Appellant’s opening brief is currently due on November 24, 2015.
Counsel for Appellant, Heather Richards, requests a 15-day extension
of time to file Appellant’s brief, making the brief due on December 9, 2015.
This is the second request for extension of time to file the opening brief.
Counsel for Appellant relies on the following reasons, in addition to the
routine matters that counsel must attend to in daily practice, to explain the
need for the requested extension:
1) State’s Exhibit Number 70, contained in the Appellate Record, is not
the recording that was admitted at trial, but is State’s Exhibit 71, a
recording that was suppressed by the trial court. The Comal County
District Clerk has the correct Sate’s Exhibit 70, as counsel for
Appellant has reviewed such. Counsel for Appellant has contacted
the State and the State has requested time to investigate the error,
and agrees to this Motion.
Counsel for Appellant seeks this extension of time to be able to prepare
a cogent and succinct brief to aid this Court in its analysis of the issues
presented. This request is not sought for delay but so that justice may be
done,
All facts recited in this motion are within the personal knowledge of the
counsel signing this motion; therefore no verification is necessary under
Texas Rule of Appellate Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, Appellant respectfully requests that this
Court grant this Second Motion to Extend Time to File Appellant’s Brief
and extend the deadline for filing the Appellant’s Brief up to December
9, 2015. Appellant requests all other relief to which Appellant may be
entitled.
Respectfully Submitted,
/s/ Amanda Erwin
Amanda Erwin
The Erwin Law Firm, L.L.P.
109 East Hopkins Street, Suite 200
San Marcos, Texas 78666
Telephone: (512) 938-1800
Telecopier: (512) 938-1804
Attorney for Appellant
CERTIFICATE OF SERVICE
Pursuant to TEX. R. APP. P. 9.5, I certify that of September 18, 2012, a
copy of this motion was served via through electronic service, to the
following:
Joshua Presley
Comal County District Attorney’s Office
150 N. Seguin Ave, Ste 307
New Braunfels, Texas 78130
Preslj@co.comal.tx.us
/s/ Amanda Erwin
Amanda Erwin