Christopher J. Padilla v. State

Opinion

ACCEPTED 04-15-00439-cr

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS 11/16/2015 10:14:36 AM

KEITH HOTTLE

CLERK

Cause No. 04-15-00438-CR and 04-15-00439-CR

CHRISTOPHER PADILLA, § FROM THE 399TH DISTRICT FILEDCOURT

IN

Appellant § 4th COURT OF APPEALS SAN ANTONIO, TEXAS

§

11/16/15 10:14:36 AM

v. § NO’S 2013-CR-4826B KEITH AND 2013CR4827

E. HOTTLE

§ Clerk STATE OF TEXAS § Respondent. § BEXAR COUNTY, TEXAS

SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS:

COMES NOW, CHRISTOPHER PADILLA, Appellant, and files this motion for

an extension of time in which to file his brief pursuant to Texas Rule of Appellate

Procedure 10.5(b). In support of this motion, Appellant shows the court the following:

I.

Appellant pleaded not guilty to murder and robbery, but a jury found him guilty.

Appellant was sentenced to 52 years and 20 years in the Texas Department of Criminal

Justice on June 15, 2015.

II.

The clerk’s record was filed August 6, 2015 and the reporter’s record is noted as

having been filed September 18, 2015 as well as October 5, 2015. This Court granted

Appellant’s First Motion for Extension and extended the time to November 18, 2015.

III.

Undersigned counsel requests additional time to review the records in this case and

research the issues to present Appellant with a meaningful appeal. In addition to her regular

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trial docket, counsel has had to prepare for trial in State v. Mason, cause no. 481475, State v.

McCumber, cause no. 478321 and is currently preparing for a trial in State v. Cordero, 2013-CR-

9774 that set for trial on November 30, 2015 in the 437th Judicial District Court.

Because undersigned counsel is anticipating to be in trial the first week of December on

multiple felony counts and because the holidays are coming up, counsel requests a 60 day

extension. This will be the final request for an extension.

WHEREFORE, Appellant prays the Court grants this first request and extend the

time for filing his brief to January 18, 2015.

Respectfully Submitted:

__/s/Dayna L. Jones DAYNA L. JONES Bar No. 24049450 LAW OFFICE OF DAYNA L. JONES 1800 McCullough Avenue San Antonio, Texas 78212 (210) 255-8525 (210) 223-3248 – FAX

CERTIFICATE OF SERVICE

I hereby certify that a copy of the above foregoing Motion has been delivered via

fax to the Bexar County District Attorney’s Office at 210-335-2436.

___/s/Dayna Jones____________ DAYNA JONES

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Cause No. 04-15-00438-CR and 04-15-00439-CR

CHRISTOPHER PADILLA, § FROM THE 399TH DISTRICT COURT Appellant § §

v. § NO’S 2013-CR-4826B AND 2013CR4827 §

STATE OF TEXAS § Respondent. § BEXAR COUNTY, TEXAS

ORDER ON APPELLANT’S SECOND MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF

On this the ______ day of _________, 2015, came to be heard Appellant’s Second

Motion for Extension of Time to File his brief, and it appears to the court that this motion should

be: GRANTED.

IT IS THEREFORE ORDERED that the time for filing Appellant’s Brief in this cause be

extended to January 18, 2015.

__________________________

JUDGE PRESIDING

SIGNED THIS THE _________ DAY OF _______________, 2015.