ACCEPTED
03-15-00232-CR
6415826
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/10/2015 12:00:00 AM
JEFFREY D. KYLE
CLERK
03-15-00232-CR
ALICIA NICOLE PEREZ, § IN THE FILED IN
Appellant § 3rd COURT OF APPEALS
AUSTIN, TEXAS
vs. § THIRD COURT
8/10/2015 12:00:00 AM
§ JEFFREY D. KYLE
STATE OF TEXAS, § OF APPEALS Clerk
Appellee
APPELLANT'S FIRST MOTION TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Alicia Nicole Perez, Appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time 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 207th Judicial District Court of Carnal
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. ALICIA
NICOLE PEREZ, and numbered CR2012-603
3. Appellant was convicted of possession of a controlled substance.
4. Appellant was assessed probated sentence of four years.
5. Notice of appeal was given on 4/22/2015.
6. The clerk's record was filed on 6/12/2015; the reporter's record was
filed on 7/17/2015.
7. The appellate brief is currently due on 8/17/2015.
8. Appellant requests an extension of time of 30 days from August 17,
2015, to September 16, 2015.
9. No prior extensions have been received in this cause.
10. Defendant is currently free on bond.
11. Appellant relies on the following facts as good cause for the requested
extension:
Counsel just completed and filed a brief on August 10, 2015 in the
Fourteenth Court of Appeals, No. 14-15-00023-CR, Emmett Jeffrey
Banks v. State of Texas, and has simply struggled under a heavy
caseload over the past several months. She has been appointed to
many serious cases, and has prepared for and tried several serious
cases since the first of the year. As a result, she has been unable to
meet deadlines, despite working 60-70 hours/week, and was finding it
difficult to maintain her practice at this level.
She has now notified all of the trial courts in her counties of practice
that she is no longer available to assist with court-appointed cases,
until further notice. Counsel has also submitted a vacation letter for
three weeks in August, most of which will be devoted exclusively to
writing appellate briefs. However, before Counsel can devote time to
writing this brief, she must complete two others: State of Texas v.
Courven Thomas, No. 04-14-00756 out of the Fourth Court of
Appeals, and Robert Rodriguez v. State of Texas, No.
04-15-00204-CR also out of the Fourth Court of Appeals.
WHEREFORE, PREMISES. CONSIDERED, Appellant prays that this
Court grant this First Motion To Extend Time to File Brief, and for such other and
further relief as the Court may deem appropriate.
Respectfully submitted,
Schoon Law Firm, P.C.
200 N. Seguin Avenue
New Braunfels, Texas 78130
Tel: (830) 627-0044
Fax: (830) 620-5657
sschoon@zslawoffi~
By:~
susallhoon
State Bar No. 24046803
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certifY that on August 10, 2015, a true and correct copy of the
above and foregoing document was served on the District Attorney's Office, Coma!
County, Texas by fax to 830-608-2008.
Susan Schoon