ACCEPTED
03-16-00424-CR
12900446
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/26/2016 1:55:01 PM
JEFFREY D. KYLE
CLERK
No. 03-16-00424-CR
FILED IN
In the Court of Appeals 3rd COURT OF APPEALS
AUSTIN, TEXAS
3rd District of Texas at Austin
9/26/2016 1:55:01 PM
JEFFREY D. KYLE
JOSHUA TATROE, Clerk
Appellant
vs.
THE STATE OF TEXAS,
Appellee
APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME
TO FILE BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
NOW COMES, Joshua Tatroe ("Mr. Tatroe"), by and through his attorney
of record, Kristin Etter, and files this, Appellant's First Motion for Extension of
Time to File Brief pursuant to Texas Rule of Appellate Procedure 10.5 and in
support thereof, would show the Court the following:
1. Appellant was convicted of Aggravated Seuxal Assault of a Child and
Indecency with a Child by Contact on February 10, 2011 and was sentenced
to 5 years in the Texas Department of Corrections and 8 years deferred
adjudication after the 5 years in prison was completed.
APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME
TO FILE BRIEF- Page 1
Joshua Tatroe, Appellant v. State ofTexas, Appellee
Cause No. 13-16-00424-CR
2. Appellant filed timely Notice of Appeal on June 17, 2016, appealing the
denial of a writ of habeas corpus on May 20, 2016
3. The reporter's record and exhibits were filed on July 19, 2016.
4. Appellant's brief is due on September 26, 2016.
5. Appellant has made one previous request for extensions of time to file the
brief.
6. Appellant requests an extension of time of thirty days until October 26, 2016
to file his brief.
7. Appellant's counsel presents the following facts to explain the need for an
extension:
a. Counsel recently returned back to work after maternity leave.
b. After returning back to the office, counsel has many cases that
required immediate attention and has been unable to devote the time
necessary to fmalize Appellant's appeal.
8. This request for an extension of time is not made for the purpose of delay,
but to permit Appellant's counsel to adequately prepare and submit her brief
in this case.
APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME
TO FILE BRIEF- Page 2
Joshua Tatroe, Appellant v. State of Texas, Appellee
Cause No. 13-16-00424-CR
9. Appellant respectfully requests the Court grant Appellant's First Motion for
Extension of Time to File Brief and extend such deadline for thirty (30)
days.
10.The attorney for the State of Texas, John Prezas, is not opposed to this
Motion.
Respectfully submitted,
SUMPTER & GONZALEZ, L.L.P.
206 E. 9th Street, Suite 1511
Austin, Texas 78701
Telephone: (512) 381-9955
Facsimile: (512) 485-3121
ATTORNEY FOR APPELLANT
JOSHUA TATROE
CERTIFICATE OF SERVICE
By signing the above, I, Kristin Etter, certify that on September 26, 2016, a
true and correct copy of the foregoing Appellant's First Motion for Extension of
APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME
TO FILE BRIEF- Page 3
Joshua Tatroe, Appellant v. State of Texas, Appellee
Cause No. 13-16-00424-CR
Time to File Brief was served by eFile.TXCourts.gov or certified U.S. mail, return
receipt requested and/or email on the following counsel of record:
Williamson County District Attorney's Office
John Prezas
405 M.L.K. Street, Suite 265
Georgetown, TX 78626
APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME
TO FILE BRIEF- Page 4
Joshua Tatroe, Appellant v. State ofTexas, Appellee
Cause No. 13-16-00424-CR
Ex Parte Joshua Tatroe
Combined Opinion