James Robert Montoya, Jr. v. State

Opinion

ACCEPTED 03-15-00125-CR 7442412 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/19/2015 5:00:34 PM JEFFREY D. KYLE CLERK NO. 03-15-00125-CR

JAMES MONTOYA * IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS Appellant * AUSTIN, TEXAS 10/19/2015 5:00:34 PM VS. * OF THE THIRD JEFFREY D. KYLE Clerk * SUPREME JUDICIAL * DISTRICT OF TEXAS

THE STATE OF TEXAS * Appellee * AT AUSTIN TEXAS

MOTION FOR EXTENSION OF TIME TO FILE APPELLATE BRIEF

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW, Appellant, and files this Motion for an Extension in which to

file the Appellant’s Brief. In support of this motion, appellant shows the Court the

following:

I.

The Appellant was convicted in the District Court of Hays County, Texas of

the offense of aggravated kidnaping. Appellant was sentenced to life in TDCJ.

II.

The deadline for filing the Appellant’s Brief is October 12, 2015 and Appellant

has requested one previous extensions.

III.

Attorney for the Appellant would further show the Court that he has been diligent in preparing Appellee’s brief in this case. Due to a very busy docket counsel

is unable to complete the brief within the time frame. Counsel requests an extension

of time so that he may adequately prepare Appellant’s Brief. Counsel must complete

his investigation of the record and draft the brief.

WHEREFORE, Appellant prays the Court grant this Motion and extend the

deadline for filing the Appellant’s Brief to November 30, 2015.

Respectfully Submitted,

ARIEL PAYAN Attorney at Law 1012 Rio Grande Austin, Texas 78701 (512) 478-3900 (512) 472-4102 (fax) Arielpayan@hotmail.com

/s/ Ariel Payan

ARIEL PAYAN State Bar No. 00794430

CERTIFICATE OF SERVICE

By my signature above, I hereby certify that a true and correct copy of the above and foregoing Motion for Extension of Time to File Appellate Brief has been delivered to the Criminal District Attorney of said County Texas, on October 19, 2015.