Kevin Duane Drisdale v. State

Opinion

ACCEPTED 03-15-00053-CR 6217748 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/24/2015 2:59:30 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 7/24/2015 2:59:30 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 FOURTH 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. A third Motion for Extension to File Brief was

e-filed on June 24, 2015. On June 24, 2015, the court

reporter completed the record in this cause.

Appellant’s Brief is due for filing with the Court of

Appeals on July 27, 2015. III.

Appellant’s attorney would respectfully request an

extension of time to file Appellant’s brief for the

following reason: Previous motions for extension to

file Appellant’s brief were based on court reporter not

having completed the reporter’s record of a motion to

suppress. Appellate counsel needs an additional 30

days to review authorities and counsel’s legal

assistant is going to be out on vacation and final

draft cannot be completed and e-filed.

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 thirty (30) day extension of time

to file the brief herein until August 26, 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 24th day of July 2015.

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