ACCEPTED
03-14-00651-CR
4734423
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/1/2015 4:19:53 PM
JEFFREY D. KYLE
CLERK
. No. 03-14-00651-CR
STATE.OF TEXAS § FILED IN
·IN THE TIDRD JUDICIAL
3rd COURT OF APPEALS
DISTRICT AUSTIN, TEXAS
§ 4/1/2015 4:19:53 PM
v. § COURT OF JEFFREY D. KYLE
APPEALS
Clerk
§
GERARDOAYALA. · § AT AUSTIN, TEXAS
·"· ... ,APPELLEE'STHIRD MOTION TO EXTEND TIME TO FILE ..... :.. ,,., . ,, ·c
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TO THE HONORABLE. JUSTICES OF SAID COURT: .. .~- ' .
. Now .·comes.· •· GERARDo AyALA, Appellee in the above '.·styled . and ..
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numbered cause, and moves this Court to grant an extension· of time of 3 0 .days to
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file appeliee's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate
Procedure, and for good cause shows the following:
· i. The appellee filed a Motion to Suppress Evidence on April 23, 2014.
The Trial Court · filed an Order granting the Motion to Suppress Evidence on
September 29,2014. The State ofTexas filed a timely notice of appeal in the above
. cause on October6; 2014. · The Clerk's record was filed on October16, 2014: The ..
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reporter's record was filed on October 17, 2014. Defendant's Exhibit No. 1 was
filed on October 22, 2014.
2. The State requested and received two extensions of time to file their
brief and filed it on January 9, 2015. Appellee filed a pro se motion for an
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extension of time to file-brief on January 29, 2015 which was granted and the
deadline became March 2, 20 15. · Appellee hired counsel shortly before that
deadline and Counsel requested a second motion for extension of time. within a few
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days of being .hired. That inotion was granted and Counsel was given a new
deadline of Aprill, 2015.
3. Despite the fact that this. is a third motion for extension, counsel has
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still only had a little more than a nionth to prepare (as Counsel was also not the .-·
_attorney ofrecord at the·triallevel)and is requesting ariother 30 day extension to file
· thebrief.
4. Appellee relies on the following facts as good cause for the requested
extension. In addition to the present case, the undersigned counsel has been working
on many other cases.
5. For these reasons, counsel seeks an extension of time in order to
· adequately fulfill his obligations under the 6th and 14th Amendments to the United
States Constitution.
WHEREFORE, PREMISES CONSIDERED,· Appellee prays that this·
Court grant this Motion To Extend Time to File Appellee's Brief for thirty additional
days from the filing of this motion, and for such other and further relief as the Court
may deem appropriate.
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Respectfully submitted,
Law Office ofJamie Spencer
812 San Antonio Street, Suite 403
Austin, TX 78701
Tele: 512/ 472-9909
Fax: 512/472-9908
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Cell: 512/964-9900
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· Email: Jami~@austindefertse~com · · ,· ·
CERTIFICATE OF SERVICE
This is to certify that on April 1, 2015, a true and correct copy of the above
and foregoing document was served by U.S. Mail on the State at the following
address:
Travis County District Attorney's Office
Ms. Angie Creasy
P.O. Box 1748
Austin, TX 78767 ·
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