Matthew Diaz v. State

Opinion

ACCEPTED

03-15-00539-CR

7598081

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/29/2015 12:40:56 PM

JEFFREY D. KYLE

CLERK

No. 03-15-00539-CR

MATTHEW DIAZ, } FILED IN

Appellant } 3rd COURT OF APPEALS } AUSTIN, TEXAS IN THE COURT

10/29/2015 12:40:56 PM

} OF APPEALS } OF THEJEFFREY

THIRD D. KYLE

Clerk

v. } SUPREME JUDICIAL } DISTRICT

THE STATE OF TEXAS }

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Comes now John Kuchera, undersigned counsel for Appellant, pursuant to

Rule 38.6(d) of the Texas Rules of Appellate Procedure, and files this motion for an

extension of thirty (30) days in which to the file Appellant’s brief in the above-

entitled and numbered cause. In support of this motion, undersigned counsel would

show the Court the following.

Counsel was notified by this Court on October 28, 2015 that Appellant’s brief

was overdue. Counsel has simply been negligent and did not calendar the due date

for the brief when the Clerk’s Record was filed September 9, 2015. Counsel is

presently working on an appellate brief in U.S.A. v. Pina, Appeal No. 15-50792 in

the Fifth Circuit Court of Appeals which is due November 1, 2015. Counsel will

begin Appellant’s brief immediately thereafter.

WHEREFORE, PREMISES CONSIDERED, undersigned counsel requests that this Court grant an extension through November 9, 2015, for the filing of

Appellant's brief herein.

Respectfully submitted, /s/ John A. Kuchera John A. Kuchera 210 N. 6th St. Waco, Texas 76701 (254) 754-3075 (254) 756-2193 (facsimile) SBN 00792137 johnkuchera@210law.com Attorney for Appellant

Certificate of Service

I certify that on the 29th day of October, 2015, I mailed the foregoing to: Mr. Bob D. Odom Assistant District Attorney P.O. Box 540 Belton, TX 76513

/s/ John A. Kuchera John A. Kuchera