Angelita Rodriguez Pacheco v. State

Opinion

ACCEPTED 03-14-00676-CR 6244413 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/27/2015 8:50:13 PM JEFFREY D. KYLE CLERK NO. 03-14-00676-CR

FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE 7/27/2015 8:50:13 PM THIRD SUPREME JUDICIAL DISTRICT JEFFREY D. KYLE Clerk AT AUSTIN, TEXAS

ANGELITA RODRIGUEZ PACHECO, Appellant

vs.

THE STATE OF TEXAS, Appellee

Appeal from the 424th Judicial District Court Cause No. 41988 Burnet County, Texas The Honorable Dan Mills, Judge Presiding

APPELLANT’S BRIEF MOTION

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

Pacheco v. State Page 1 of 4 Motion for Leave to File Late Brief ORAL ARGUMENT IS NOT REQUESTED

APPELLANT’S MOTION FOR LEAVE TO FILE LATE BRIEF

Appellant, by and through her attorney, Gary Prust, files this, his “Motion

for Leave to File Late Brief,” and in support thereof shows as follows.

I.

1. Appellant's Motion is brought pursuant to TEX.R.APP.P 10.5(b). This

motion is filed in conjunction with the filing of Appellant’s brief.

2. Appellant has requested previously three times in which to file his brief.

3. Appellant's brief was due on July 20, 2015.

4. Appellant's attorney had a very busy trial and appellate schedule during the

months of June and July 2015. The father of appellant’s attorney also passed away

in the month of June 2015, and he had to attend to those matters. This brief is

completed and is the third brief appellant’s attorney has authored this month.

5. In order to address the issues raised in the present appeal thoroughly,

Appellant’s attorney required an additional week beyond the due date for filing his

brief.

6. Accordingly, Appellants request that this Court grant him leave to file this

brief, one week past the most recent submission date.

Pacheco v. State Page 2 of 4 Motion for Leave to File Late Brief Respectfully submitted,

/s/ Gary E. Prust

Gary E. Prust SBN 24056166 1607 Nueces Street Austin, Texas 78701 (512) 469-0092 Fax: (512) 469-9102 gary@prustlaw.com Attorney for Appellant

Pacheco v. State Page 3 of 4 Motion for Leave to File Late Brief CERTIFICATE OF SERVICE

In compliance with TEX. R. APP. PROC. 9.5(b)(1), (d), and (e) the undersigned attorney certifies that a true and correct copy of the foregoing Brief was served at or before the time of its filing upon Mr. Gary Bunyard and on Mr. Blake Ewing, through electronic via the electronic filing manager through efile.txcourts.gov on the 27th day of July, 2015.

/s/ Gary Prust 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 the merits of this motion.

/s/ Gary Prust Gary E. Prust

CERTIFICATE OF COMPLIANCE

Pursuant to TEX. R. APP. PROC. 9.4(i)(3), I hereby certify this brief contains 182 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.

/s/ Gary Prust Gary E. Prust

Pacheco v. State Page 4 of 4 Motion for Leave to File Late Brief