Heather Lauren Richards v. State

Opinion

ACCEPTED 03-15-00316-CR 7967115 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/24/2015 11:04:20 AM JEFFREY D. KYLE CLERK No. 03-15-00316-CR FILED IN ______________________________________________________ 3rd COURT OF APPEALS AUSTIN, TEXAS 11/24/2015 11:04:20 AM 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 433rd DISTRICT COURT, COMAL COUNTY, TEXAS- TRIAL COURT CAUSE NO. CR2014-091 ______________________________________________________

APPELLANT’S SECOND 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@theerwinlawfirm.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:

Joshua Presley Comal County District Attorney’s Office 150 N. Seguin Ave, Ste 307 New Braunfels, Texas 78130 Preslj@co.comal.tx.us TO THE HONORABLE THIRD COURT OF APPEALS:

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

Munoz, files this Second Motion to Extend Time to File Appellant’s Brief.

The Appellant’s opening brief is currently due on November 24, 2015.

Counsel for Appellant, Heather Richards, requests a 15-day extension

of time to file Appellant’s brief, making the brief due on December 9, 2015.

This is the second 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) State’s Exhibit Number 70, contained in the Appellate Record, is not

the recording that was admitted at trial, but is State’s Exhibit 71, a

recording that was suppressed by the trial court. The Comal County

District Clerk has the correct Sate’s Exhibit 70, as counsel for

Appellant has reviewed such. Counsel for Appellant has contacted

the State and the State has requested time to investigate the error,

and agrees to this Motion.

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 Second Motion to Extend Time to File Appellant’s Brief

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

9, 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 September 18, 2012, a copy of this motion was served via through electronic service, to the following:

Joshua Presley Comal County District Attorney’s Office 150 N. Seguin Ave, Ste 307 New Braunfels, Texas 78130 Preslj@co.comal.tx.us

/s/ Amanda Erwin Amanda Erwin