ACCEPTED
03-13-00585-CR
6872672
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/10/2015 3:47:27 PM
JEFFREY D. KYLE
CLERK
NO. 03-13-00585-CR
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE COURT OF APPEALS
9/10/2015 3:47:27 PM
JEFFREY D. KYLE
FOR THE THIRD SUPREME JUDICIAL DISTRICTClerk
AUSTIN, TEXAS
TRENT KENDALL STANLEY § APPELLANT
§
vs. §
§
THE STATE OF TEXAS § APPELLEE
APPELLANT'S MOTION FOR EXTENSION
OF TIME TO FILE MOTION FOR REHEARING
TO THE HONORABLE COURT OF APPEALS:
This motion is filed on behalf of TRENT KENDALL STANLEY by
his attorney pursuant to the Texas Rules of Appellate Procedure, Rules 49.8
and 1O.S(b ):
I.
Procedural History
Stanley was arrested on August 28, 2009 for the offense of driving
while intoxicated. [Clerk's Record, p. 7] He was charged with the
misdemeanor offense of driving while intoxicated, and on that date he was
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charged by information in cause number 940 17 in County Court at Law
Number 112 of Hays County, Texas. [Clerk's Record, p. 8] A jury trial was
convened on March 19, 20112 at which Stanley pleaded not guilty. A jury
was selected and sworn. However, a juror failed to appear, and a mistrial
was ordered sua sponte by the court. [Clerk's Record, p. 14]
Stanley filed his pre-trial Application for Writ of Habeas Corpus
claiming a violation of jeopardy principles by the court's forcing him to
another trial. [C.R., p. 15] After a hearing on the application for writ, the
trial court entered final order denying relief on July 24, 2013. [C.R. p. 34]
The trial court entered its findings of fact and conclusions on law on August
9, 2013. [C.R. 41]
Stanley timely filed his notice of appeal. [CR, pp. 39,47] The briefs
of both parties have been submitted. This Court submitted the case on
briefs.
This Court filed its opinion denying relief on August 14, 2015.
II.
T .R.A.P ., Rule 49.8
The last date for filing the Motion for Rehearing was August 29,
2015. However, after consulting with his client, counsel for Stanley wishes
to file a Motion for Rehearing. Rule 49.8 authorizes Mr. Stanley to seek an
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extension to file his motion for rehearing "no later than 15 days after the last
date for filing the motion." This motion will be filed electronically on
September 10, 2015 which date is within 15 days after the last date for filing
the motion.
III.
T.R.A.P. Rule 10.5 (b)
(A) As previously stated, Appellant computes the deadline for filing the
Motion for Rehearing as August 29, 2015 (Saturday) at the earliest, or August 31, 2015
(Monday) at the latest. In either event, this motion is filed electronically within 15 days
of those dates.
(B) Appellant requests an extension to September 28, 2015.
(C) After the opinion was rendered in this case, undersigned counsel was
required to teach a three day MCLE class on the 26th_2gth of August, 2015 in San
Antonio, Texas. Additionally, counsel is the course director for another three day MCLE
seminar in Boerne, Texas for September 23rd - 25t\ 2015. Additionally, undersigned
counsel was in a jury trial August 31st - September 3 rd, 2015. While counsel did have
employed associates for assistance during that time, one of them resigned the last week in
August, 2015, and the office is short-handed with an active trial practice.
(D) There have been no previous extensions for this motion.
WHEREFORE, Appellant's counsel requests an extension of time to file his
Motion for Rehearing.
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STATE OF TEXAS §
COUNTY OF BEXAR §
BEFORE ME the undersigned authority on this day personally appeared George
Scharrnen who upon his oath stated that the facts contained in the foregoing Motion are
SIGNED and SWORN TO this the day of September, 2015.
~~
NYPUBc
STATE OF TEXAS
Respectfully submitted,
5 Dwyer
San Antonio, Texas 78204
Telephone: 210-226-8021
Facsimile: 210-224-5722
State Bar No. 17727500
ATTORNEY FOR APPELLANT
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing motion
has been mailed to the Office of the District Attorney of Hays County, Texas
this the L~ay of September, 2015.
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