John Adrian Barrera v. State

• Court: Court of Appeals of Texas
• Decided: January 28, 2015
• Docket: 04-14-00754-CR
• Status: Published

Opinion

ACCEPTED 04-14-00754-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 1/28/2015 1:15:29 PM KEITH HOTTLE CLERK

IN THE FOURTH COURT OF APPEALS FOR THE STATE OF TEXAS

FILED IN 4th COURT OF APPEALS JOHN ADRIAN BARRERA, SAN ANTONIO, TEXAS Appellant 1/28/2015 1:15:29 PM KEITH E. HOTTLE Clerk v. NO. 04-14-00754-CR

THE STATE OF TEXAS, Appellee.

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS:

COMES NOW, JOHN ADRIAN BARRERA, Appellant and files this Motion

for Extension of Time to File Appellant's Brief, pursuant to Rules 9 and 10 of the

Texas Rules of Appellate Procedure, and in support thereof, would show the Court

the following:

JOHN ADRIAN BARRERA asks the Court to extend the time to file his brief.

A. INTRODUCTION

1. Appellant is JOHN ADRIAN BARRERA; appellee is STATE OF TEXAS.

2. There is no specific deadline to file this motion to extend time. See Tex. R.

App. P. 38.6(d).

3. Counsel for the Appellant has conferred with Counsel for the Appellee and

the parties have agreed to this motion.

B. ARGUMENT & AUTHORITIES

1 4. The Court has the authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file a brief.

5. Appellant’s brief is due on January 29, 2015.

6. JOHN ADRIAN BARRERA requests an additional 32 days to file his brief,

extending the time until March 2, 2015.

7. No extension has been granted to extend the time to file JOHN ADRIAN

BARRERA’s brief.

8. JOHN ADRIAN BARRERA needs additional time to file his brief because

on or about January 4, 2015, Appellant’s Attorney came down with a severe

case of flu which left the undersigned Counsel unable to work for several

weeks. Additionally, the Attorney for Appellant is an asthmatic and this

medical condition makes contracting flu especially severe and debilitating for

the undersigned Counsel. Furthermore, the undersigned Counsel’s Assistant

contracted flu on or about January 10, 2015 and was out of the office for several

weeks tending to both hers and her children’s illness leaving the undersigned

Counsel shorthanded through most of January and overwhelmed with

administrative duties normally handled by his assistant. Counsel for the

Appellant is currently preparing for a contested Final Trial in “In the Matter of

the Marriage of Wells and in the Interest of P.T.W., a Child” No. 14-640B and

due to the aforementioned illnesses, the Undersigned Counsel is backlogged on 2 several matters including a motion for summary judgment in “Alva Masonry

Co. Inc. v. The Brand Co.” No. 13961B.

C. PRAYER

8. For these reasons, JOHN ADRIAN BARRERA asks the Court to grant an

extension of time to file his brief until March 2, 2015, which is 32 days from

the current deadline.

Respectfully Submitted, Davis Law Firm, PLLC 236 Junction Hwy Kerrville, Texas 78028 Tel. (830) 257-8851 Fax (830) 896-8730

________________________ Stewart S. Davis Bar No. 24049644

CERTIFICATE OF SERVICE

By affixing my signature below, I hereby certify that on January 28, 2015, a true copy of this Motion for Extension of Time to File Appellant’s Brief has been mailed to the 452nd District Attorney’s Office at P.O. Box 635, Mason, Texas 76856.

_________________________ Stewart S. Davis