Isaac Benavidez v. State

Opinion

ACCEPTED

03-14-00494-CR

3785176

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/15/2015 2:52:22 PM

JEFFREY D. KYLE

CLERK

NO. 03-14-00494-CR

IN THE FILED IN 3rd COURT OF APPEALS

AUSTIN, TEXAS

COURT OF APPEALS 1/15/2015 2:52:22 PM JEFFREY D. KYLE

THIRD JUDICIAL DISTRICT Clerk

AT AUSTIN, TEXAS

__________________________________________________________________

ISAAC BENAVIDEZ. APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

__________________________________________________________________

MOTION TO FILE STATE’S BRIEF LATE

__________________________________________________________________

Appeal from the 21st Judicial District Court Bastrop County, Texas

Honorable Christopher D. Duggan Cause Number 15265

__________________________________________________________________

Bryan Goertz Criminal District Attorney

Philip L Hall, Assistant Criminal District Attorney Bastrop County, Texas 804 Pecan Street Bastrop , Texas 78602 State Bar Number 00787626 Phone (512) 581-4016 Fax (512) 581-7133

NO. 03-14-00494-CR

IN THE COURT OF APPEALS

THIRD JUDICIAL DISTRICT

AT AUSTIN, TEXAS

__________________________________________________________________

ISAAC BENAVIDEZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

__________________________________________________________________

TO THE HONORABLE COURT OF APPEALS:

The State of Texas respectfully requests the court to accept the State’s Brief

in this cause and would show the following:

I.

The State’s Brief in this cause was due on December 29, 2014.

II.

The State’s Brief in this cause was submitted to the court on January 15,

2015.

III.

The State’s attorney failed to accurately notate the due date on the calendar.

IV.

The State’s attorney was not in the office from January 5, 2015 through

January 9, 2015 because he was a faculty advisor at the Texas District and County

Attorneys Association Prosecutor Trial Skills Course in Austin, Texas.

V.

Due to a family emergency of a colleague, the State’s attorney tried the State

of Texas v. Beau Awtrey, Cause Number 15606, in the 423rd Judicial District Court

of Bastrop County, Texas from January 13, 2015 through January 14, 2015.

PRAYER

The State requests the court accept the late brief filed in this Cause.

Respectfully Submitted,

/s/ Philip L. Hall Philip L. Hall Criminal District Attorney’s Office Bastrop County Texas 804 Pecan Street Bastrop, Texas 78602 State Bar Number 00787626 Phone: 512 581-7125 Fax: 512 581-7133 phil.hall@co.bastrop.tx.us

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the State’s Motion to File

Brief Late was mailed to Dal Ruggles, 1103 Nueces Street, Austin, Texas 78701,

counsel for the appellant, by certified mail on January 15, 2015.

/s/ Philip L. Hall Philip L. Hall