Jamie Petronella v. State

ACCEPTED 03-16-00483-CR 12960151 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/28/2016 4:41:53 PM JEFFREY D. KYLE CLERK NO. 03-16-00483-CR IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS FOR THE 9/28/2016 4:41:53 PM JEFFREY D. KYLE THIRD SUPREME JUDICIAL DISTRICT Clerk AT AUSTIN, TEXAS JAMIE PETRONELLA, Appellant vs. THE STATE OF TEXAS, Appellee Appeal from the 33rd Judicial District Court Cause No. CR01362 Blanco County, Texas The Honorable J. Allan Garrett, Judge Presiding APPELLANT'S FIRST 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 gary@prustlaw.com ATTORNEY FOR APPELLANT ORAL ARGUMENT IS NOT REQUESTED APPELLANT’S REQUEST FOR EXTENSION OF TIME TO FILE BRIEF Appellant, Jamie Petronella, by and through her counsel, files this request for extension of time, 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 not previously requested an extension of time in which to file her brief. 3. Appellant's brief was due on September 21, 2016. 4. Appellant's attorney was also scheduled for numerous jury trial settings and numerous appellate deadlines in August and into the month of September. 5. Appellant’s court appointed counsel has a vacation scheduled where he will be out of the country from October 9, 2016 through October 22, 2016. 6. 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 November 21, 2016 to complete his brief. 7. Accordingly, Appellants request that this Court allow him until November 21, 2016 to file his brief. 2 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 upon the Blanco County Attorney via electronic transmission, in accordance Rule 9.5(b) of the Texas Rules of Appellate Procedure on this the 28th day of September, 2016. Gary E. Prust 3 CERTIFICATE OF COMPLIANCE Pursuant to TEX. R. APP. PROC. 9.4(i)(3), I hereby certify this motion contains 157 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 count provided by the software use to prepare the document. Gary E. Prust 4