ACCEPTED
03-14-00547-CR
4495126
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/13/2015 2:46:25 PM
JEFFREY D. KYLE
CLERK
IN THE THIRD COURT OF APPEALS
FOR THE STATE OF TEXAS
FILED IN
STATE OF TEXAS 3rd COURT OF APPEALS
AUSTIN, TEXAS
V. NO. 03-14-00547-CR
3/13/2015 2:46:25 PM
JEFFREY D. KYLE
BRIAN ROLAND CHANDLER Clerk
APPELLEE’S SECOND MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
COMES NOW, Brian Roland Chandler, Appellee, by and through his attorney of
record, Linda Icenhauer-Ramirez, and files this his Second Motion for Extension of Time
to Brief and in support thereof, would show the Court the following:
I.
That the above-styled and numbered cause is styled The State of Texas v. Brian
Roland Chandler, Cause Number CR-12-0005 in the 428th Judicial District Court of
Hays County, Texas. Appellant was sentenced on February 23, 2012. The trial court
entered a judgment nunc pro tunc on August 7, 2014.
II.
Appellee was convicted of one count of aggravated assault. His punishment was
assessed at ten years imprisonment. The original judgment in the case said that appellee
was found guilty of aggravated assault and contained an affirmative finding of a deadly
weapon. Appellee filed a motion for a judgment nunc pro tunc deleting the deadly
weapon finding. On August 7, 2014, the trial court held a hearing on the matter and after
hearing the arguments of counsel and reviewing the record in the cause, granted
appellee’s motion for judgment nunc pro tunc.
III.
The State filed its notice of appeal from this decision on August 7, 2014. The
State filed its brief on December 9, 2014. The due date for appellee’s brief was January
8, 2015. The attorney who represented appellee in the trial court informed appellee’s
family that she does not practice appellate law and would not be able to represent
appellee in the State’s appeal of this matter. The undersigned attorney was hired by
appellee’s family and filed a notice of appearance in this matter on February 5, 2015.
IV.
This is Appellee’s second motion for extension of time to file his brief. Appellee
respectfully requests a thirty day extension of time to file the brief from today’s date,
which would make such brief due on Saturday, April 12, 2015. The next working day is
Monday, April 14, 2015.
V.
The undersigned attorney was recently retained in this case. She has begun
researching the issues in this cause but due to appellate deadlines in other cases she has
been unable to complete her research and file a response to the State’s brief. She
recently completed and filed a supplemental brief in the case of In the Matter of J.M.,
Cause No. 03-14-00027-CV. She will be completing and filing a brief this next week in
the case of Robert Ritz v. State of Texas, Cause No. 03-14-00403-CR. She has begun
working on briefs in the cases of Leovardo Cantos, Cause No. 03-14-00585-CR and Troy
Luther Williams v. State of Texas, Cause No. 03-14-00229-CR, both of which are due on
April 9, 2015. The undersigned attorney asks that this extension be granted so that she
may effectively represent Appellee and so that justice may be done in this case.
Respectfully Submitted,
/s/ Linda Icenhauer-Ramirez
LINDA ICENHAUER-RAMIREZ
Attorney at Law
1103 Nueces
Austin, Texas 78701
(512) 477-7991
FAX #: (512) 477-3580
SBN: 10382944
EMAIL: ljir@aol.com
ATTORNEY FOR APPELLEE
CERTIFICATE OF COMPLIANCE
I hereby certify that this motion was computer generated and contains 613 words,
as calculated by the word count function on my computer.
/s/ Linda Icenhauer-Ramirez
LINDA ICENHAUER-RAMIREZ
CERTIFICATE OF SERVICE
I, Linda Icenhauer-Ramirez, hereby certify that a true and correct copy of the
foregoing Appellee’s Second Motion for Extension of Time to Brief was e-served to
Brian Erskine of the Hays County District Attorney's Office on this the 13th day of
March, 2015.
/s/ Linda Icenhauer-Ramirez
LINDA ICENHAUER-RAMIREZ