Ex Parte Hector Ramirez

Opinion

ACCEPTED

04-15-00125-CR

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

8/12/2015 6:32:54 PM

KEITH HOTTLE

CLERK

Nos. 04-15-00124-CR

STATE OF TEXAS § IN THE COURT OF APPEALS FILED IN

4th COURT OF APPEALS

VS. § SAN ANTONIO, FOURTH JUDICIAL TEXAS DISTRICT

08/12/15 6:32:54 PM

HECTOR RAMIREZ GUTIERREZ § BEXAR COUNTY, KEITHTEXAS

E. HOTTLE Clerk

MOTION FOR EXTENSION OF TIME TO FILE MOTION TO DISMISS APPEAL From the 226th District Court of Bexar County, Texas Trial Court No. 2013-CR-2894-W1 Hon. Kevin O’Connell, Judge Presiding

In accordance with Tex. R. App. P. 10.5(b), the undersigned submits the following:

On Monday August 10, 2015, the date on which Appellant’s Opening Brief was due,

Appellant’s counsel filed a Motion to Dismiss Appeal. However, counsel was unable to get

Appellant’s signature in time for the filing of the motion. Appellant is currently out of the country,

having been deported to Mexico as a result of his criminal conviction. Late last week, Appellant’s

counsel spoke with Appellant, and after weighing his options, Appellant made the decision to

withdraw his appeal. Because of Appellant’s location, counsel was unable to secure Appellant’s

signature in time for the filing of the motion. Counsel did not want to simply allow the briefing

deadline to pass without submitting something to apprise the Court of Appellant’s decision.

Appellant’s counsel has spoken with the Clerk of this Court and has been made aware that

since the Motion does not bear Appellant’s signature, it must be rejected, and the proper course of

action is to request time to obtain Appellant’s signature and submit it once complete. Appellant

would respectfully request, that he be granted fourteen (14) days for the sole purpose of filing a

Motion to Dismiss Appeal, due on August 26, 2015.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests that this

Court grant the requested extension.

Respectfully submitted,

Robert A. Jimenez De Mott, McChesney, Curtright & Armendariz, LLC. 800 Dolorosa Street, Suite 100 San Antonio, Texas 78207 210/354-1844 210/212-2116 - fax By: /s/ Robert A. Jimenez SBN: 24059125

CERTIFICATE OF SERVICE

I hereby certify that on this the 12th day of August, 2015 a copy of the foregoing “Motion

for Extension of Time to File Appellant’s Opening Brief” has been electronically filed with this

Court, and will be served to the Bexar County District Attorney’s Office on August 13, 2015.

/s/ ROBERT A. JIMENEZ