ACCEPTED
03-15-00539-CR
7598081
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/29/2015 12:40:56 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00539-CR
MATTHEW DIAZ, }
FILED IN
Appellant } 3rd COURT OF APPEALS
} AUSTIN, TEXAS
IN THE COURT
10/29/2015 12:40:56 PM
} OF APPEALS
} OF THEJEFFREY
THIRD D. KYLE
Clerk
v. } SUPREME JUDICIAL
} DISTRICT
THE STATE OF TEXAS }
MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:
Comes now John Kuchera, undersigned counsel for Appellant, pursuant to
Rule 38.6(d) of the Texas Rules of Appellate Procedure, and files this motion for an
extension of thirty (30) days in which to the file Appellant’s brief in the above-
entitled and numbered cause. In support of this motion, undersigned counsel would
show the Court the following.
Counsel was notified by this Court on October 28, 2015 that Appellant’s brief
was overdue. Counsel has simply been negligent and did not calendar the due date
for the brief when the Clerk’s Record was filed September 9, 2015. Counsel is
presently working on an appellate brief in U.S.A. v. Pina, Appeal No. 15-50792 in
the Fifth Circuit Court of Appeals which is due November 1, 2015. Counsel will
begin Appellant’s brief immediately thereafter.
WHEREFORE, PREMISES CONSIDERED, undersigned counsel requests
that this Court grant an extension through November 9, 2015, for the filing of
Appellant's brief herein.
Respectfully submitted,
/s/ John A. Kuchera
John A. Kuchera
210 N. 6th St.
Waco, Texas 76701
(254) 754-3075
(254) 756-2193 (facsimile)
SBN 00792137
johnkuchera@210law.com
Attorney for Appellant
Certificate of Service
I certify that on the 29th day of October, 2015, I mailed the foregoing to:
Mr. Bob D. Odom
Assistant District Attorney
P.O. Box 540
Belton, TX 76513
/s/ John A. Kuchera
John A. Kuchera