Jose Luis Garza-Ramirez v. State

Opinion

ACCEPTED 04-15-00421-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 10/8/2015 2:12:29 PM KEITH HOTTLE CLERK

IN THE COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT OF TEXAS FILED IN 4th COURT OF APPEALS JOSE LUIS GARZA-RAMIREZ SAN ANTONIO, TEXAS 10/08/15 2:12:29 PM VS. NO. 04-15-00421-CR KEITH E. HOTTLE Clerk STATE OF TEXAS

FIRST MOTION TO EXTEND TIME TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW the Appellant, Jose Luis Garza-Ramirez, and

respectfully moves the Court to extend the time for filing the Brief for

Appellant for 30 days, until November 9, 2015, 1 and in support of said

motion would show the Court as follows:

I.

This is an appeal from a judgment of conviction for resisting arrest or

search and a one-year probated sentence. Appellant was sentenced in Cause

No. 478491, styled State of Texas v. Jose Luis Garza-Ramirez, on June 30,

2015, in County Court-at-Law No. 13 of Bexar County, Texas, Hon. Crystal

Chandler presiding.

1 The actual 30th day, October 7, 2015, falls on a Saturday. II.

No motion for new trial was filed. Appellant’s notice of appeal was

timely filed on July 2, 2015.

III

The clerk’s record of the trial was filed electronically with the Court

of Appeals on July 23. The reporter’s record (1 volume by Rhonda L. Hogan

and 3 volumes by Kandy K. Halley) was filed electronically on September 3

and September 8, 2015, respectively.

Appellant’s brief is due on October 8, 2015. This motion is timely,

pursuant to Rule 38.6(d), T.R.A.P. No prior request for an extension to file

Appellant’s brief has been filed.

IV.

Appellant requests a 30-day extension to file his brief, until November

9, 2015. During the previous month, counsel has e-filed his briefs in the

following case: (1) No. 04-15-00310-CR, Willie Antonio Ortiz v. State of

Texas, filed September 24, 2015. Counsel his completed his brief No. 04-15-

00278-CR, Sidney R. Denbina v. State of Texas, and has submitted it for peer

review and proofing prior to filing. Counsel anticipates that brief will be

filed on October 9, 2015. Counsel is presently working on his brief in No.

04-15-00176-CR, Joes Anthony Lara, Jr. v. State of Texas. During the previous month, counsel has also filed his response to order proposing to

dismiss appeal in No. 04-15-00508-CR, Jose B. Sauceda v. State of Texas,

filed September 29, 2015. Counsel has also spent a great deal of time

handling the caseload of Richard B. Dulany, Jr., former Assistant Public

Defender, who is no longer employed at this office. Counsel will do this on

an interim basis until a replacement attorney is hired.

WHEREFORE, the Appellant requests this Court to extend the time

for filing the brief for Appellant until November 9, 2015.

Respectfully submitted,

/s/ Michael D. Robbins MICHAEL D. ROBBINS Assistant Public Defender Paul Elizondo Tower 101 W. Nueva St., Suite 370 San Antonio, Texas 78205 (210) 335-0701 FAX (210) 335-0707 mrobbins@bexar.org Bar No. 16984600 ATTORNEY FOR APPELLANT CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and foregoing first motion to extend time to file brief has been emailed to the Bexar County District Attorney’s Office, Appellate Division, Paul Elizondo Tower, 101 W. Nueva St., Suite 710, San Antonio, Texas 78205; on October 8, 2015.

/s/ Michael D. Robbins MICHAEL D. ROBBINS Assistant Public Defender