ACCEPTED
03-15-00289-CR
8210662
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/11/2015 7:49:54 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00289-CR
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE COURT OF APPEALS
12/11/2015 7:49:54 PM
FOR THE
JEFFREY D. KYLE
THIRD SUPREME JUDICIAL DISTRICT Clerk
AT AUSTIN, TEXAS
RAFAEL HERNANDEZ-PRADO,
Appellant
vs.
THE STATE OF TEXAS,
Appellee
Appeal from the 33rd Judicial District Court
Cause No. 9767
Burnet County, Texas
The Honorable J. Allan Garrett, Judge Presiding
APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME
Gary E. Prust
State Bar No. 24056166
1607 Nueces Street
Austin, Texas 78701
(512) 469-0092
Fax: (512) 469-9102
ATTORNEY FOR APPELLANT
ORAL ARGUMENT IS NOT REQUESTED
APPELLANT’S SECOND MOTION FOR EXTENSION OF TIME
TO FILE BRIEF
Appellant, Rafael Harnandez-Prado, files this, his “Second Motion for
Extension of Time to File Brief,” and in support thereof shows as follows.
I.
1. Appellant's Motion is brought pursuant to TEX.R.APP.P 10.5(b).
2. Appellant has once requested previously an extension of time within which
to file his brief.
3. Appellant's brief is due on December 14, 2015.
4. Appellant's attorney had a very busy trial schedule in November and into
December 2015. Counsel also had a busy appellate schedule during this time,
including two additional briefs due the same day the brief in this cause is due.
5. Appellant had completed and will timely file the brief in a closely related
case to this one, cause no. 03-15-00290-CR. However, in order to address the
issues raised in the present appeal thoroughly, Appellant's attorney will require
more time to complete his brief. Appellant’s attorney will require until January 15,
2016 to complete his brief.
6. Accordingly, Appellant requests that this Court allow him until January 15,
2016 to file his brief.
Respectfully submitted,
Gary E. Prust
SBN 24056166
1607 Nueces Street
Austin, Texas 78701
(512) 469-0092
Fax: (512) 469-9102
gary@prustlaw.com
Attorney for Appellant
CERTIFICATE OF SERVICE
In compliance with Rule 9.5(d) of the Texas Rules of Appellate Procedure,
the undersigned attorney certifies that a true and correct copy of the foregoing
Motion was served Mr. Gary Bunyard of the 33rd and 424th District Attorney’s
Office via electronic service through efile.txcourts.gov on this 11th day of
December, 2015.
Gary E. Prust
CERTIFICATE OF CONFERENCE
In compliance with Rule 10.1(a)(5) of the Texas Rules of Appellate
Procedure, the undersigned attorney certifies he conferred with the 33rd and 424th
District Attorney’s Office via email communication concerning this motion on the
11th day of December, 2015.
Gary E. Prust
CERTIFICATE OF COMPLIANCE
Pursuant to TEX. R. APP. P. 9.4(i)(3), I hereby certify this brief contains 170
words. This is a computer-generated document created in Microsoft word, using
14-point typeface. In making this this certificate, I rely on the word county
provided by the software use to prepare the document.
Gary E. Prust