ACCEPTED
03-14-00090-CR
3721254
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/9/2015 4:59:41 PM
JEFFREY D. KYLE
CLERK
No. 03-014-00090-CR
In the Court of Appeals
rd FILED IN
3 District of Texas at Austin 3rd COURT OF APPEALS
AUSTIN, TEXAS
PAUL MARTIN AHERN, 1/9/2015 4:59:41 PM
Appellant JEFFREY D. KYLE
Clerk
vs.
THE STATE OF TEXAS,
Appellee
APPELLANT’S SECOND MOTION FOR EXTENSION OF TIME
TO FILE REPLY BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
NOW COMES, Paul Martin Ahern (“Mr. Ahern”), by and through his attorney of record,
David Gonzalez, and files this, Appellant’s First Motion for Extension of Time to File Reply
Brief pursuant to Texas Rule of Appellate Procedure 10.5 and in support thereof, would show the
Court the following:
a) The State’s brief was filed on December 8, 2014.
b) Appellant’s reply brief is currently due on January 9, 2015
c) This Request is that the deadline for filing the Appellant’s Reply Brief be extended by 7
days to January 16, 2015.
d) Appellant has requested one previous extensions of time for submission of the Reply
Brief.
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE REPLY BRIEF – Page 1
Paul Martin Ahern, Appellant v. State of Texas, Appellee
Cause No. 03-14-00090-CR
e) Petitioner relies on the following facts as a reasonable explanation for the requested
extension of time:
1. With various holiday office closures, holiday travel, and illness counsel requires
additional time to research and finalize the Reply Brief.
2. 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 his reply brief in this
case.
3. The undersigned’s office has made attempts to contact, Rosa Theofanis of the
Travis County District Attorney’s Office, to ask if there would be opposition to
this request. However, Counsel has not yet heard back from Ms. Theofanis before
the filing of this motion.
Respectfully submitted,
SUMPTER & GONZÁLEZ, L.L.P.
206 E. 9th Street, Suite 1511
Austin, Texas 78701
Telephone: (512) 381-9955
Facsimile: (512) 485-3121
By: David Gonzalez /s/
David Gonzalez
State Bar No. 24012711
david@sg-llp.com
ATTORNEY FOR APPELLANT
PAUL MARTIN AHERN
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE REPLY BRIEF – Page 2
Paul Martin Ahern, Appellant v. State of Texas, Appellee
Cause No. 03-14-00090-CR
CERTIFICATE OF SERVICE
By signing the above, I, David M. Gonzalez, certify that on January 9, 2015, a true and
correct copy of the foregoing Appellant’s First Motion for Extension of 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:
Travis County District Attorney’s Office
Rosa Theofanis
509 W 11th St, Austin
TX 78701
rosa.theofanis@co.travis.tx.us
AppellateTCDA@co.travis.tx.us
_David Gonzalez /s/________________________
David M. Gonzalez
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE REPLY BRIEF – Page 3
Paul Martin Ahern, Appellant v. State of Texas, Appellee
Cause No. 03-14-00090-CR