Kevin Duane Drisdale v. State

• Court: Court of Appeals of Texas
• Decided: April 10, 2015
• Docket: 03-15-00053-CR
• Status: Published

Opinion

ACCEPTED 03-15-00053-CR 4842890 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/10/2015 12:12:20 PM JEFFREY D. KYLE CLERK NO. 03-15-00053-CR

IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS THIRD DISTRICT OF TEXAS AT AUSTIN 4/10/2015 12:12:20 PM JEFFREY D. KYLE Clerk *******************************************************

CAUSE NO. 71,785

IN THE 264TH JUDICIAL DISTRICT COURT OF

BELL COUNTY, TEXAS

*******************************************************

KEVIN DUANE DRISDALE APPELLANT

VS.

THE STATE OF TEXAS APPELLEE

APPELLANT’S MOTION FOR EXTENSION

OF TIME TO FILE BRIEF

COMES NOW Appellant, KEVIN DUAN DRISDALE, by and

through his attorney of record, James H. Kreimeyer, and

respectfully moves the Court to extend the time for

filing the Appellant’s Brief in this cause, and in

support hereof would show the Court as follows: I.

On December 8, 2014, Appellant entered a plea

pursuant to a plea bargain with the prosecutor and

approved by the Court, and the punishment assessed was

twenty years (20) in the Texas Department of Criminal

Justice, Institutional Division. The trial court’s

certificate of Appellant’s Right to Appeal granted

Appellant’s appeal of the denial of the Motion to

Suppress. The original notice of appeal filed on

behalf of Appellant on January 5, 2015, did not address

the right to appeal denial of a pre-trial motion.

II.

An Amended Notice of Appeal was filed on March 31,

2015, with the Third Court of Criminal Appeals in

Austin. Appellant’s Record is due for filing with this

court on April 17, 2015. Appellant’s Brief is due for

filing with the Court of Appeals on March 27, 2015.

III.

Appellant’s attorney would respectfully request an

extension of time to file Appellant’s brief due to the late appointment on March 18, 2015 and Appellant’s

attorney filing a corrected Notice of Appeal delayed

further filings of docketing statement, designations of

records. Appellant’s attorney was admitted to the

emergency room of Scott & White Memorial Hospital on

Wednesday, April 8, 2015, due to complications of heart

medicine and released Thursday, April 9, 2015.

This Motion for Extension of Time is not filed for

the purpose of delay, but so that the ends of justice

may be served.

WHEREFORE, PREMISES CONSIDERED, Appellant requests

the Court to grant a forty five (45) day extension of

time to file the brief herein until May 11, 2015.

Respectfully submitted,

/s/ James H. Kreimeyer JAMES H. KREIMEYER ATTORNEY FOR APPELLANT P.O. BOX 727 BELTON, TEXAS 76513 (254) 939-9393 (254) 939-2870 FAX T.S.B. #11722000 jkreime@vvm.com CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of

the foregoing Appellant’s Motion for Extension of Time

to File Brief was delivered to Henry Garza, District

Attorney, Bell County Courthouse, Belton, Texas 76513,

on the 10th day of April 2015.

/s/ James H. Kreimeyer JAMES H. KREIMEYER ATTORNEY FOR APPELLANT