ACCEPTED
03-15-00581-CR
8417338
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/31/2015 6:29:49 AM
JEFFREY D. KYLE
CLERK
03-15-00581-CR
EX PARTE § IN THE
§
§ THIRD COURT
§
SAUL DE PAZ § OF APPEALS
APPELLANT’S SECOND MOTION TO EXTEND TIME TO FILE BRIEF
RECEIVED IN
3rd COURT OF APPEALS
TO THE HONORABLE JUSTICES OF SAID COURT: AUSTIN, TEXAS
12/31/2015 6:29:49 AM
Now comes Saul De Paz, Appellant in the above styled and JEFFREY
numbered D. KYLE
Clerk cause,
and moves this Court to grant an extension of time to file appellant's brief, pursuant
to Rule 38.6 of the Texas Rules of Appellate Procedure, and for good cause shows
the following:
1. This case is on appeal from the 207th Judicial District Court of Comal
County, Texas.
2. The case below was styled EX PARTE SAUL DE PAZ, and
numbered C2015-1149X.
3. Appellant’s Writ of Habeas Corpus Seeking Release Due To Delay
was denied on 9/3/2015.
4. Notice of appeal was given on 9/10/2015.
5. The clerk's record was filed on 10/16/2015; the reporter's record was
filed on 10/12/2015.
6. The appeal was abated on 12/14/2015, and the trial court held a
hearing on 12/17/2015 to determine whether Appellant still desired to
prosecute the appeal, and whether counsel had abandoned the appeal.
Findings and Recommendations are to be filed in this court on
12/31/2015.
7. Appellant requests an extension of time to January 4, 2016.
9. One prior extension has been received in this cause.
10. Defendant is currently incarcerated for this case, as well as a “hold”
for another county, and an immigration “detainer.”
11. Appellant relies on the following facts as good cause for the requested
extension:
.
Counsel was out of town for the Christmas holidays, and experienced
unexpected limited internet access at her location, thus preventing her
from accessing records and caselaw. Upon return, counsel has been
working diligently on this brief, as well as assisting the trial court in
drafting the findings ordered by this Court. With the New Year’s
holiday and the coming weekend, counsel expects to have sufficient
time to complete the brief and file it on Monday, January 4, 2016.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court grant this Motion To Extend Time to File Brief, and for such other and
further relief as the Court may deem appropriate.
Respectfully submitted,
Schoon Law Firm, P.C.
200 N. Seguin Avenue
New Braunfels, Texas 78130
Tel: (830) 627-0044
Fax: (830) 620-5657
susan@schoonlawfirm.com
By: /s/ Susan Schoon
Susan Schoon
State Bar No. 24046803
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that on December 31, 2015 a true and correct copy of the
above and foregoing document was served on the District Attorney's Office, Comal
County, Texas by email to preslj@co.comal.tx.us.
/s/ Susan Schoon
Susan Schoon