Kevin Duane Drisdale v. State

Opinion

ACCEPTED 03-15-00053-CR 5224682 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/11/2015 9:59:41 AM 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 5/11/2015 9:59:41 AM 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 Brief is due for filing with the

Court of Appeals on May 11, 2015.

III.

As of May 11, 2015, the court reporter has not

completed the record in this cause. Appellant’s

attorney would respectfully request an extension of time to file Appellant’s brief to allow the court

reporter time to complete her record.

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 June 25, 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 11th day of May 2015.

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