ACCEPTED
03-15-00053-CR
4842890
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/10/2015 12:12:20 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00053-CR
IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
THIRD DISTRICT OF TEXAS AT AUSTIN
4/10/2015 12:12:20 PM
JEFFREY D. KYLE
Clerk
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CAUSE NO. 71,785
IN THE 264TH JUDICIAL DISTRICT COURT OF
BELL COUNTY, TEXAS
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KEVIN DUANE DRISDALE APPELLANT
VS.
THE STATE OF TEXAS APPELLEE
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APPELLANT’S MOTION FOR EXTENSION
OF TIME TO FILE BRIEF
COMES NOW Appellant, KEVIN DUAN DRISDALE, by and
through his attorney of record, James H. Kreimeyer, and
respectfully moves the Court to extend the time for
filing the Appellant’s Brief in this cause, and in
support hereof would show the Court as follows:
I.
On December 8, 2014, Appellant entered a plea
pursuant to a plea bargain with the prosecutor and
approved by the Court, and the punishment assessed was
twenty years (20) in the Texas Department of Criminal
Justice, Institutional Division. The trial court’s
certificate of Appellant’s Right to Appeal granted
Appellant’s appeal of the denial of the Motion to
Suppress. The original notice of appeal filed on
behalf of Appellant on January 5, 2015, did not address
the right to appeal denial of a pre-trial motion.
II.
An Amended Notice of Appeal was filed on March 31,
2015, with the Third Court of Criminal Appeals in
Austin. Appellant’s Record is due for filing with this
court on April 17, 2015. Appellant’s Brief is due for
filing with the Court of Appeals on March 27, 2015.
III.
Appellant’s attorney would respectfully request an
extension of time to file Appellant’s brief due to the
late appointment on March 18, 2015 and Appellant’s
attorney filing a corrected Notice of Appeal delayed
further filings of docketing statement, designations of
records. Appellant’s attorney was admitted to the
emergency room of Scott & White Memorial Hospital on
Wednesday, April 8, 2015, due to complications of heart
medicine and released Thursday, April 9, 2015.
This Motion for Extension of Time is not filed for
the purpose of delay, but so that the ends of justice
may be served.
WHEREFORE, PREMISES CONSIDERED, Appellant requests
the Court to grant a forty five (45) day extension of
time to file the brief herein until May 11, 2015.
Respectfully submitted,
/s/ James H. Kreimeyer
JAMES H. KREIMEYER
ATTORNEY FOR APPELLANT
P.O. BOX 727
BELTON, TEXAS 76513
(254) 939-9393
(254) 939-2870 FAX
T.S.B. #11722000
jkreime@vvm.com
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of
the foregoing Appellant’s Motion for Extension of Time
to File Brief was delivered to Henry Garza, District
Attorney, Bell County Courthouse, Belton, Texas 76513,
on the 10th day of April 2015.
/s/ James H. Kreimeyer
JAMES H. KREIMEYER
ATTORNEY FOR APPELLANT