Juan Trevino v. State

Opinion

ACCEPTED 06-15-00165-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 12/16/2015 4:21:08 PM DEBBIE AUTREY CLERK

No. 06-15-00165-CR

IN THE COURT OF APPEALS FILED IN 6th COURT OF APPEALS SIXTH DISTRICT TEXARKANA, TEXAS AT TEXARKANA, TEXAS 12/16/2015 4:21:08 PM __________________________________________________________________ DEBBIE AUTREY Clerk JUAN TREVINO, Appellant

v.

THE STATE OF TEXAS

APPELLANT’S MOTION FOR AN EXTENSION OF TIME TO FILE APPELLANT’S BRIEF __________________________________________________________________

TO THE HONORABLE JUSTICES OF THE SIXTH COURT OF APPEALS:

Comes now, Juan Trevino, Appellant in the above styled and numbered

cause and would show this honorable Court the following:

I.

Trevino was convicted in the above cause of three counts of aggravated

sexual assault and one count of indecency with a child. Punishment was assessed

at three sentences of 40 years each and one sentence of 20 years. Notice of appeal

was timely filed and the appeal docketed in this Court after transfer from the Third

Court of Appeals. II.

The clerk’s record was filed on November 20, 2015. The reporter’s record

was filed on November 23, 2015. Appellant’s brief is due on December 23, 2015.

III.

Appellant seeks a 30 day extension of the current deadline in which to file

Appellant’s brief, up to and including, January 22, 2016.

IV.

This request is based on the following facts which prevent counsel for

Appellant from preparing the brief by the current deadline:

The record in this cause is voluminous. It is comprised of nine volumes and

two electronic exhibits admitted at trial. Counsel did not receive the complete

record from the court reporter and district clerk until December 2, 2015. Counsel

has not had an opportunity to review the record and prepare Appellant’s brief by

December 23, 2015. Filing of the brief cannot be accomplished by the current

deadline while still effectively representing Appellant on direct appeal to this

Court.

Additionally, counsel cannot meet the current deadline and needs a 30 day

extension because he will be out of the office over the week of Christmas from

December 21, 2015, to December 28, 2015. Counsel will additionally be out of the

office and out of the state from January 7, 2016, to January 11, 2016.

2 V.

This is Appellant’s first request for an extension of time to file Appellant’s

brief.

PRAYER

Appellant requests this Court grant the motion and extend the time to file

Appellant’s brief by 30 days, up to and including January 22, 2016.

Respectfully submitted,

/s/Richard E. Wetzel Richard E. Wetzel State Bar No. 21236300

1411 West Ave., Suite 100 Austin, Texas 78701

(512) 469-7943 (512) 474-5594 wetzel_law@1411west.com

Attorney for Appellant David Sylvester Chambers

CERTIFICATE OF SERVICE

This is to certify a true and correct copy of this pleading was emailed to Counsel for the State of Texas, Ben Gillis, Assistant Criminal District Attorney, at his email address maintained in Caldwell County at Ben.Gillis@co.caldwell.tx.us on this the 16th day of December, 2015.

/s/Richard E. Wetzel Richard E. Wetzel State Bar No. 21236300