Leovardo Cantos v. State

• Court: Court of Appeals of Texas
• Decided: February 23, 2015
• Docket: 03-14-00585-CR
• Status: Published

Opinion

ACCEPTED 03-14-00585-CR 4241412 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/23/2015 6:59:59 AM JEFFREY D. KYLE CLERK IN THE THIRD COURT OF APPEALS FOR THE STATE OF TEXAS FILED IN 3rd COURT OF APPEALS LEVARDO CANTOS AUSTIN, TEXAS 2/23/2015 6:59:59 AM V. NO. 3-14-00585-CR JEFFREY D. KYLE Clerk THE STATE OF TEXAS

APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

COMES NOW, Leovardo Cantos, by and through his attorney of record, Linda

Icenhauer-Ramirez, and files this his First Motion for Extension of Time to Brief and in

support thereof, would show the Court the following:

I.

That the above-styled and numbered cause is styled The State of Texas v. Levardo

Cantos, Cause Number 13-2081-K277 in the 277th Judicial District Court of Travis

County, Texas. Appellant was sentenced on August 11, 2014.

II.

Appellant was convicted of the offense of aggravated assault with serious bodily

injury and punishment was assessed at fifteen (15) years.

III.

Appellant’s motion for new trial was filed on September 10, 2014. Notice of

appeal was filed on September 10, 2014. The reporter’s record was filed on January 15,

2015, and the clerk’s record was filed on January 15, 2015. The exhibits were filed on

January 23, 2015. The due date for the brief is Monday, February 23, 2015. IV.

This is Appellant’s first motion for extension of time to file his brief. Appellant

respectfully requests a forty-five day extension of time to file the brief, which would

make such brief due on Thursday, April 9, 2015.

V.

The undersigned attorney has begun work on this case but has been unable to

complete the brief due to necessary work needed to be completed on several other appeal

cases and due to her busy schedule in both the district and county courts of Travis,

Williamson and Hays Counties. She is currently in the process of finishing up a brief in

the case of Robert Ritz v. State of Texas, Cause No. 03-14-00403-CR which is due

March 19, 2015. In addition she has a supplemental brief due on March 3, 2015 in the

case of In the Matter of J.M., 03-14-00027-CV. She is also working on briefs in other

cases including State of Texas v. Brian Roland Chandler, Cause No. 03-14-00547-CR,

which is due on March 13, 2015 and Troy Luther Williams v. State of Texas, Cause Nos.

03-14-00228-CR and 03-14-00229-CR. She asks that this extension be granted so that

she may effectively represent Appellant and so that justice may be done in this case.

Respectfully Submitted

/s/ Linda Icenhauer-Ramirez LINDA ICENHAUER-RAMIREZ Attorney at Law 1103 Nueces Austin, Texas 78701 (512) 477-7991 FAX #: (512) 477-3580 SBN: 10382944 EMAIL: ljir@aol.com

ATTORNEY FOR APPELLANT CERTIFICATE OF COMPLIANCE

I hereby certify that this motion was computer generated and contains 502 words,

as calculated by the word count function on my computer.

/s/ Linda Icenhauer-Ramirez LINDA ICENHAUER-RAMIREZ

CERTIFICATE OF SERVICE

I, Linda Icenhauer-Ramirez, hereby certify that a true and correct copy of the

foregoing Appellant’s First Motion for Extension of Time to Brief was served by e-file to

John Prezas of the Williamson County District Attorney's Office on this the 23rd day of

February, 2015.