ACCEPTED
03-14-00740-CR
4950912
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/20/2015 12:16:43 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00740-CR
STATE OF TEXAS § FILED IN
IN THE THIRD JUDICIAL
3rd COURT OF APPEALS
DISTRICT AUSTIN, TEXAS
§ 4/20/2015 12:16:43 PM
v. § COURT OF JEFFREY D. KYLE
APPEALS
Clerk
§
ARMANDO OCHOA § AT AUSTIN, TEXAS
APPELLANT’S RESPONSE TO LATE BRIEF NOTICE
AND MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes ARMANDO OCHOA, Appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time of 30 days to file
appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure,
and for good cause shows the following:
1. This case is on appeal from the 299TH Judicial District Court of Travis
County, Texas. The case below was styled the State of Texas v. Armando Ochoa,
numbered D-1-DC- 14 - 202835.
2. Appellant was convicted of the offense of Assault – Family Violence
he received a sentence of 14 years. He is currently incarcerated.
April 9, 2015 and is overdue.
4. Appellant requests a 30 - day extension of time from the present date to
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file the brief. He has received no previous extensions on these cases.
5. Appellant 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 the following appellate and post-conviction cases which have interfered with his
preparation of the present case:
a. Randy Halprin v. William Stephens – counsel has been to a
federal post-conviction writ from a capital case and has been
assiduously attempting to obtain and review the appellate record in order
to prepare a response to the State’s Answer.
b. State of Texas v. Antonio Martinez – brief filed in this Court on
March 23, 2015.
6. In the present case, counsel has completed his review of the appellate
record and is researching and evaluating potential issues to raise in the brief. For
this reason, 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, Appellant prays that this Court
grant this Motion To Extend Time to File Appellant's Brief for 30 additional days
form 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 of Alexander L. Calhoun
4301 W. William Cannon Dr., B-150, # 260
Austin, TX 78749
Tele: 512/ 420- 8850
Fax: 512/ 233-5946
Cell: 512/731-3159
Email: alcalhoun@earthlink.net
BY:__/s/_Alexander L. Calhoun
Alexander L. Calhoun
State Bar No.: 00787187
CERTIFICATE OF SERVICE
This is to certify that on April 20, 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
P.O. Box 1748
Austin, TX 78767
/s/ Alexander L. Calhoun
Alexander L. Calhoun
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Armando Ochoa v. State
Combined Opinion