Antony J. Morales v. State

Opinion

ACCEPTED 03-15-00291-CR 7931447 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/20/2015 3:13:55 PM JEFFREY D. KYLE CLERK CAUSE NO. 03-15-00291-CR

FILED IN ANTHONY J. MORALES { 3rdAPPEALS IN THE COURT OF COURT OF APPEALS AUSTIN, TEXAS { vs. { THIRD DISTRICT11/20/2015 3:13:55 PM { JEFFREY D. KYLE Clerk STATE OF TEXAS { OF TEXAS

MOTION TO EXTEND TIME TO FILE APPEALLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes ANOTHNY J. MORALES. Appellant in the above- entitled and

numbered cause. and moves this Cow1 to grant an extension of time to tile appellant" s

brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure, and fo r good

cause shows the following:

111 I. This case is on appeal from the 340 Judicial District Court of Tom Green

County. Texas.

2. The case below was styled the STATE OF TEXAS vs. ANTHONY J.

MORALES, and numbered C-15-0098-SB.

3. Appellant was convicted of Possess ion of Co ntrolled Substance 1g-4g, third

degree felony enhanced to second degree felony.

4. Appellant was assessed a sentence of Fifteen ( 15) years confinement in the

Intuitional Divi sion of the Texas Department of Criminal Justice on April18.

20 15.

5. Not ice of appeal was given on May 12, 2015.

6. The clerk 's record was filed on Jw1e 25, 2015; the reporter' s record was fil ed

on July 21,2015.

7. The appellanfs brief is p resently due on November 23, 2015.

8. Appellant request that an extension of time of 45 days from the present date, 1 wh ich would make the brief due on January 7, 2016.

9. An extension of time was received extending the time for the brief to be filed

by 90 days from August 24,2015 to November 23,2015 to the prior attorney

appointed in this case.

I 0. Defendant is currently incarcerated.

11 . Appellant relies on the following facts as good cause for the requested extension:

Counsel for the Appellant was substituted in on this appeal by an order dated August

12, 2015. Due to cases set for jury trial in the months of August, September, October, and

November, Counsel was unable to complete preparation of the brief by the deadline of

November 23, 2015.

Additionally, an issue arose recently in my review of the record that requires me to

consult with my client on this particular matter and I have been unable to travel to see him

to date. Counsel is not set for any jury trials for the month of December and Counsel

believes he will be able to complete the briefwithin an additional 45 days.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Comt

grant this Motion to Extend Time to file Appellant's Brief, and for such other and

fmther relief as the Comt may deem appropriate.

Respectfully submitted,

~ State Bar No.: 12180800 123 South Irving Street San Angelo, Texas 76903 Telephone: 325-655-5355 Telecopier: 325-655-5636 e-mail: raeleifeste·a suddenlinkmail.com

2 CERTIFICATE OF CONFERENCE

I certify that on November 20. 2015, l confeiTed with Mr. J. Bryan Clayton. Assistant

District Attorney, District Attorney's Office, Tom Green County, regarding the request is not

opposed.

CERTIFICATE OF SERVICE

I hereb) certify that on November 20. 20 15. a true and correct copy of the above and

l(m.::going document vvas served on the Distri ct Attorney's Office. Tom Green County . Mr. J.

Bryan. by electronic mail.

~- VERIFICATION

STATE OF TEXAS § § COUNTY OF TOM GREEN §

Counsel for Appellant. Rae Leifeste. appearing before the unders igned notary public

being duly sworn upon his oath. states that the facts in this motion arc \\ ithin his personal

knowledge and are true and correct

SUBSCRIBED AND SWORN TO BEFORE ME on November 20, 20 15, to certify which

witness my hand and seal of office.