Gregory Lopez v. State

Opinion

ACCEPTED

03-13-00852-CR

4224145

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/20/2015 9:49:08 AM

JEFFREY D. KYLE

CLERK

IN THE COURT OF APPEALS FOR THE THIRD JUDICIAL DISTRICT

AUSTIN, TEXAS FILED IN 3rd COURT OF APPEALS

AUSTIN, TEXAS

2/20/2015 9:49:08 AM

GREGORY LOPEZ § JEFFREY D. KYLE Appellant § Clerk §

vs. § Case No. 03-13-00852-CR §

STATE OF TEXAS § Appellee §

APPELLANT’S UNOPPOSED MOTION TO AMEND BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

COMES NOW Appellant, through his undersigned counsel, pursuant to

Rule 38.1(e) and 39.7 of the Texas Rules of Appellate Procedure, respectfully

requests the Court allow the filing of an Amended Brief in lieu of the original

brief. In support of his motion, Appellant shows unto the Court:

1. On December 16, 2014, Appellant filed his Brief with the Third Court of

Appeals without the request for oral argument on the cover page of his brief.

2. As required, any party requesting oral argument must note that request on

the front cover of the party’s brief. Due to this omission, Appellant is requesting

permission to file his Amended Brief with the request for oral argument on the

cover page.

3. This motion is not filed in order to delay or hamper these proceedings.

WHEREFORE, Appellant respectfully requests the Court grant his motion and

allow him to file an Amended Brief in lieu of the original brief to be considered by

this Court.

Submitted this the 20th day of February, 2015.

Respectfully submitted,

SERGI AND ASSOCIATES P.C. 329 South Guadalupe Street San Marcos, Texas 78666 Tel: 512 392 5010 Fax: 512 392 5042

By: /s/ David K. Sergi

David K. Sergi State Bar No. 18036000 E-Mail: david@sergilaw.com

ATTORNEY FOR GREGORY LOPEZ

3

CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.5(b) I certify that I

have conferred with the Comal County District Attorney’s Office, Joshua Presley,

counsel for Appellee and have been informed that Appellee takes no opposition to

our Motion to Amend Brief.

/s/ David K. Sergi David K. Sergi

CERTIFICATE OF SERVICE

This is to certify that on February 20, 2015 a true and correct copy of the

above and foregoing document was served on the Comal County District

Attorney's Office, Joshua Presley, by fax at (830) 608-2008.

/s/ David Sergi

David K. Sergi