Eduardo Reyes v. State

Opinion

ACCEPTED 04-15-00640-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/22/2015 5:13:36 PM KEITH HOTTLE CLERK

CAUSE NO. 04-15-00640-CR

EDUARDO REYES, § IN THE COURT OF APPEALS FILED IN 4th COURT OF APPEALS Appellant § SAN ANTONIO, TEXAS VS. § IN SAN ANTONIO, TEXAS 12/22/15 5:13:36 PM § KEITH E. HOTTLE THE STATE OF TEXAS, § th Clerk 4 JUDICIAL DISTRICT Appellee

MOTION FOR EXTENSIONOF TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW, EDUARDO REYES, Appellant, and files this Motion for

Extension of Time to File Appellant's Brief, pursuant to Rules 10.5(b) and 38.6(d),

Texas Rules of Appellate Procedure. In support of this Motion, Appellant would

show the following:

I.

Appellant’s brief is due to be filed on December 21, 2015. Counsel for

Appellant requires an extension of thirty (30) days within which to complete and file

Appellant’s brief in this cause. This is Appellant’s first request for extension of

time.

II.

Counsel for Appellant has worked diligently on the brief since receiving

the record, but has been unable to complete it for the following reasons:

1. Counsel for Appellant had numerous, previously set, pretrial and trial

settings in the county and district criminal courts of Bexar County, Texas, and in

the United States District Court, Western District of Texas — San Antonio Division.

III.

This request is not made for the purpose of delay, but rather this request is

made to allow counsel adequate time to prepare Appellant’s Brief. Appellant

moves this Court for an order granting an extension of thirty (30) days, or until

January 21, 2016, for Appellant to submit the brief in this case.

WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court

for an order granting an extension of thirty (30) days for Appellant to submit the

brief in this case.

Respectfully submitted,

Robert F. Gebbia Law Offices of William T. Reece, Jr. 107 Woodward Place SAN ANTONIO, TX 78204 Tel: (210) 225-7555 Fax: (210) 226-3596

By: /s/ Robert F. Gebbia State Bar No. 24054162 lawofficewmreece@gmail.com Attorney for Appellant CERTIFICATE OF COMPLIANCE

Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the undersigned

counsel of record certifies that the motion contains 503 words.

/s/ Robert F. Gebbia

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Motion

for Extension of Time to File Appellant's Brief was delivered via email to the Bexar

County District Attorney's Office, Appellate Division, 101 W. Nueva, 4th Floor,

San Antonio, Texas 78205, to: Jeanette.Canales@bexar.org on this the 21st day of

December, 2015.

/s/ Robert F. Gebbia CAUSE NO. 04-15-00640-CR

EDUARDO REYES, § IN THE COURT OF APPEALS Appellant § VS. § IN SAN ANTONIO, TEXAS § th THE STATE OF TEXAS, § 4 JUDICIAL DISTRICT Appellee ORDER On this the _____ day of , 2015 , came on to be heard the

Appellant's Motion for Extension of Time to File Appellant's Brief and the Court is

of the opinion that this Motion should be:

GRANTED, and the deadline for filing the Appellant's brief in Cause No. 04-

15-00640-CR is extended to , 2016.

DENIED, to which action of the Court the Appellant objects.

SIGNED this the day of , 2015.

JUDGE PRESIDING