Heather Lauren Richards v. State

• Court: Court of Appeals of Texas
• Decided: October 8, 2015
• Docket: 03-15-00316-CR
• Status: Published

Opinion

ACCEPTED 03-15-00316-CR 7298460 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/8/2015 4:24:17 PM JEFFREY D. KYLE CLERK No. 03-15-00316-CR FILED IN ______________________________________________________ 3rd COURT OF APPEALS AUSTIN, TEXAS 10/8/2015 4:24:17 PM In The Court Of Appeals JEFFREY D. KYLE For The Third Court Of Appeals District Clerk Austin, Texas ______________________________________________________

Heather Lauren Richards, Appellant, v. The State of Texas, Appellee. ______________________________________________________

ON APPEAL FROM THE 207th DISTRICT COURT, COMAL COUNTY, TEXAS TRIAL COURT CAUSE NO. CR2014-091 ______________________________________________________

APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF ______________________________________________________ Amanda Erwin State Bar No. 24042939 109 East Hopkins Street, Suite 200 San Marcos, Texas 78666 Telephone: (512) 938-1800 Telecopier: (512) 938-1804 Amanda@therwinlawfirm.com Counsel for Heather Lauren Richards Identity of Parties and Counsel

Appellant’s Appellate Counsel:

Amanda Erwin The Erwin Law Firm, L.L.P. 109 East Hopkins Street, Suite 200 San Marcos, Texas 78666 Telephone: (512) 938-1800 Telecopier: (512) 938-1804

Appellee:

Chari Kelly Comal County District Attorney’s Office 150 N. Seguin, Suite 307 New Braunfels, Texas 78130 TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.5 and 38.6(d), the Appellant, Heather

Lauren Richards, files this First Motion to Extend Time to File Appellant’s

Brief.

The Appellant’s opening brief is currently due on October 10, 2015.

Counsel for Appellant, Heather Lauren Richards, requests a 45 day

extension of time to file Appellant’s brief, making the brief due on

November 24, 2015. This is the first request for extension of time to file the

opening brief.

Counsel for Appellant relies on the following reasons, in addition to the

routine matters that counsel must attend to in daily practice, to explain the

need for the requested extension:

1) Counsel for Appellant has been preparing for an Aggravated

Sexual Assault of a Child case that was set to go to trial on

October 12, 2015; however, that case was dismissed on October 6,

2015.

2) Counsel for Appellant has several other approaching jury trial

settings in District and County Courts.

Counsel for Appellant seeks this extension of time to be able to prepare

a cogent and succinct brief to aid this Court in its analysis of the issues presented. This request is not sought for delay but so that justice may be

done,

All facts recited in this motion are within the personal knowledge of the

counsel signing this motion, therefore no verification is necessary under

Texas Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellant respectfully requests that this

Court grant this First Motion to Extend Time to File Appellant’s Brief

and extend the deadline for filing the Appellant’s Brief up to November

24, 2015. Appellant requests all other relief to which Appellant may be

entitled.

Respectfully Submitted,

/s/ Amanda Erwin Amanda Erwin The Erwin Law Firm, L.L.P. 109 East Hopkins Street, Suite 200 San Marcos, Texas 78666 Telephone: (512) 938-1800 Telecopier: (512) 938-1804 Attorney for Appellant CERTIFICATE OF SERVICE

Pursuant to TEX. R. APP. P. 9.5, I certify that of October 8, 2015, a copy of this motion was electronically served, to the following:

Chari Kelly Comal County District Attorney’s Office 150 N. Seguin, Suite 307 New Braunfels, Texas 78130

/s/ Amanda Erwin Amanda Erwin