ACCEPTED
03-15-00334-CR
7096861
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/25/2015 10:05:58 AM
JEFFREY D. KYLE
CLERK
No. 03-15-00334- CR
IN THE FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
COURT OF APPEALS 9/25/2015 10:05:58 AM
JEFFREY D. KYLE
Clerk
OF THE
THIRD JUDICIAL DISTRICT OF TEXAS
--------------------
EX PARTE MOISES MARTINEZ,
Appellant
vs.
STATE OF TEXAS,
Appellee
--------------------
Appeal from Cause No. 2C11-07750
Bell County Court-at-Law No. Two
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STATE’S UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF
--------------------
JAMES NICHOLS
BELL COUNTY ATTORNEY
by
Stephen Morris
Assistant County Attorney
P.O. Box 1127
Belton, Texas 76513
Tel: (254) 933-5135
Fax: (254) 933-5150
SBN: 14501700
STATE’S UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF
To the Honorable Court of Appeals:
Comes now Stephen Morris, Assistant Bell County Attorney, representing the
State of Texas and files this Motion to Extend Time to File a Brief in answer, and
shows as follows:
1. This is an appeal from denial of an application of a writ of habeas corpus
to issue in a criminal case. Appellant’s Brief was filed on August 28,2015.
2. The State’s Brief is due September 28, 2015.
3. The State seeks to extend the time of filing its Brief by thirty (30) days. If
granted, the extension would require the State’s Brief to be due on or before October
28, 2015.
4. Good cause exists for this extension of time. State’s appellate counsel in
addition to being assigned the instant appeal, he has been assigned a full case load.
Additional time is needed to complete the Brief.
5. There has been no previous extension granted to the State regarding this
appeal.
6. This motion is unopposed by Appellant’s counsel.
Wherefore, premises considered, the State respectfully requests that the Court
extend the time for filing his Brief up to and including October 28, 2015.
Respectfully submitted,
/S/ Stephen Morris
________________________
Stephen Morris
Assistant Bell County Attorney
Bell County Attorney’s Office
P.O. Box 1127
Belton, Texas 76513
(254) 933-5135
Certificate of Conference
I hereby certify that I have conferred with counsel for Appellant on September
21, 2015 and counsel does not oppose the above requested extension. Therefore, this
motion is submitted as not apposed.
/S/ Stephen Morris
_________________________
Stephen Morris
Certificate of Service
I hereby certify that a true and correct copy of the foregoing was sent to the
person(s) named below, at the address shown by placing the same in a properly
addressed envelope, certified, pre-paid, and mailing the document by first class mail
on September 24, 2015.
/S/ Stephen Morris
_________________________
Stephen Morris
Jose Vela III, Esq.
Texas State Bar No. 24048859
505 E. Huntland Drive, Suite 300
Austin, Texas 78752
(512) 615-3366 (fax)
(512) 633-1785 (phone)
E-mail: chito.v@walkergatesvela.com
Ex Parte Moses Martinez
Combined Opinion