ACCEPTED
04-14-00246-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
2/18/2015 4:49:27 PM
KEITH HOTTLE
CLERK
NO. 04-14-00246-CR
DESTYN DAVID FREDERICK IN THE COURT OF APPEALS
FILED IN
Appellant 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
VS. 2/18/2015
FOURTH SUPREME 4:49:27 PM
JUDICIAL
DISTRICT KEITH E. HOTTLE
Clerk
THE STATE OF TEXAS
Appellee SAN ANTONIO, TEXAS
MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT'S BRIEF
THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Appellant in the above styled and numbered cause, by and though his
undersigned counsel of record, and files this Motion for Extension of Time to File Appellant's Brief
pursuant to Rule 10.5(b), Texas Rule. In support of this Motion, Appellant would show the Court
the following:
1. Statement of Case: Appellant was charged by a grand jury indictment in Cause No. 11-09-00041-
CRL for capital murder before the 81st/218th District Court, La Salle County, Texas, the Honorable
Donna S. Rayes, presiding. Appellant entered a plea of.not guilty before a jury which upon
deliberation returned a unanimous verdict of guilty to Felony Murder. Sentence of thirty (30) years
imprisonment was imposed by the jury on February 12, 2014. In accordance with the verdicts by the
jury, the court imposed sentence entered Judgment and Sentence filed on March 27, 2014.
Appellant's timely written notice of appeal was timely filed on February 22, 2014. A Motion for
New Trial was filed and overruled by operation on law.
2. Deadline for Filing Brief: February 18, 2015.
3. Extension of Time Requested: 30 days to March 18, 2015.
4. Reasonable Need for Extension: This Court issued an Oder on December 5, 2015 in which it
found that appellant's brief had not been filed in Appellant's appeal and ordered the trial court to
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a hearing the trial court appointed the undersigned counsel to substituted as Appellant's attorney on
appeal. Counsel was appointed on December 12, 2014. Counsel was on vacation in Europe from
December 13, 2014 through January 4, 2015. Counsel has obtained a copy of the Clerk's Record
and the Court Reporters' record.
The reporter's record consists of nine volumes and includes over 1600 pages of pre-trial
hearings, voir dire, testimony of 15 witnesses, motion hearings and arguments of counsel.
Counsel is in the process of reviewing the testimony and preparing a summary of testimony
and identifying potential grounds of error. Due to the limited time that counsel has had to become
familiarly with the case and the complexity of this case that involved an indictment that alleged
multiple offenses from capital murder to the state jail felony counsel requires additional time to
prepare a brief and conduct legal research to prepare grounds for review.
Counsel requires an additional thirty days to review the record prepare a brief.
5. Number of Prior Extensions: This is undersigned counsel's second request for an Extension of
Time to File Appellant's Brief.
WHEREFORE, Appellants prays to the Court grant this Motion and extend the deadline for
filing the brief in this cause to March 18, 2015.
Respectfully Submitted,
LAW OFFICES OF
RICHARD E. LANGLOIS
217 ARDEN GROVE
San Antonio, Texas 78215
TEL: (210) 225-0341
F •• (.10 2 345
,
ICHARD E. LANG 4 .- IS
State Bar No. 11922510
ATTORNEY FOR APPELLANT
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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and forgoing Appellant's Motion
for Extension of Time to File Appellate Brief was mailed to the Ls Salle County District Attorney's
Office, Rene Pena, 1327 3' St, Floresville, Texas 78114 on this 18 th day of February, 2015.
ICHARD E. LANGLOIS
THE STATE OF TEXAS
COUNTY OF BEXAR
BEFORE ME, the undersigned authority, on this day personally appeared, Richard E.
Langlois, who being by me duly sworn, upon oath says that he is the attorney of record for the
Appellant in the above and foregoing motion, and that the statements contained therein are true and
correct.
RICHARD E. LANGr
L IS
SWORN TO BEFORE ME, on this 18th day of February, 2015, which witness my hand and
official seal of office.
()Lad gi va/S
NOTARY PUBLIC In and For
ANGELINA rv,As
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Notary Pubic State of Texas Bexar County, Texas
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April 05, 2615
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Destyn David Frederick v. State
Combined Opinion