Erik Kuether v. State

Opinion

ACCEPTED 14-15-00357-cr

FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 11/27/2015 2:20:17 PM CHRISTOPHER PRINE

CLERK

NO. 14-15-00357-CR

IN THE COURT OF APPEALS FILED IN FOR THE 14th COURT OF APPEALS FOURTEENTH JUDICIAL DISTRICT OF TEXASHOUSTON, TEXAS 11/27/2015 2:20:17 PM

HOUSTON, TEXAS

CHRISTOPHER A. PRINE

Clerk

ERIK KUETHER § APPELLANT §

V. § §

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE COUNTY CRIMINAL COURT AT LAW NO. 7 HARRIS COUNTY, TEXAS TRIAL COURT CAUSE NO. 1935745

APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

ERIK KUETHER, Appellant, pursuant to Texas Rule of Appellate Procedure

10.5(b), submits this motion for extension of time to file his brief.

I.

Appellant’s brief is due on November 30, 2015. However, the complete reporter’s

record has not yet been filed. Appellant asks that this Court extend his due date to 30

days after the court reporter files the complete record, or to December 30, 2015.

II.

On September 30, 2015, Appellant’s counsel received notice that the reporter’s

record had been filed. However, upon reviewing the record, counsel determined that only

2

one volume of a four volume trial record had been filed. On October 10, 2015, counsel

contacted the court reporter about the incomplete record. The court reporter

acknowledged the error and indicated that a supplemental record would be filed. On

October 23, 2015, the court reporter attempted to file the record, but it was refused. On

October 30, 2015, the court reporter again attempted to file the record, but it was refused.

Appellant has paid for the reporter’s record, but as of the filing of this motion, the court

reporter has not filed the complete record.

III.

This Court has previously granted Appellant one extension of time to file brief.

This motion is not made for delay, but to see that justice is done.

Respectfully submitted,

/s/ Matthew J. DeLuca Matthew J. DeLuca State Bar No. 24069601 712 Main Street, Suite 2450 Houston, Texas 77002 Tel: (713) 429-4400 Fax: (713) 228-2366 matt@mattdelucalaw.com Attorney for Appellant

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this motion was served on the Harris

County District Attorney’s Office, by e-service.

/s/ Matthew J. DeLuca Matthew J. DeLuca