Matthew Douglas Hayes v. State

• Court: Court of Appeals of Texas
• Decided: January 21, 2015
• Docket: 04-14-00878-CR
• Status: Published

Opinion

ACCEPTED 04-14-00878-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 1/21/2015 7:42:08 PM KEITH HOTTLE CLERK

No. 04-14-00878-CR

In the FILED IN Court of Appeals 4th COURT OF APPEALS SAN ANTONIO, TEXAS for the 1/21/2015 7:42:08 PM Fourth District of Texas KEITH E. HOTTLE Clerk 

No. 2013CR10841W In the 437th District Court Bexar County, Texas



MATTHEW DOUGLAS HAYES Appellant V. THE STATE OF TEXAS Appellee

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

TO THE HONORABLE COURT OF APPEALS:

APPELLANT, pursuant to TEX. R. APP. P. 10.1, 10.5(b) and 38.6(d), moves

for an extension of time within which to file its appellate brief. In support of its

motion, appellant submits the following:

1. Appellant was charged with aggravated robbery. 2. Appellant pled guilty to the charged offense and submitted to a pre- sentence investigation. After a hearing, the court sentenced appellant to 7 years confinement in the Institutional Division of the Texas Department of Criminal Justice on September 9, 2014. 3. Notice of appeal was filed on December 16, 2014. 4. Appellant’s brief is due on January 21, 2015.

5. Appellant seeks an extension to file his brief until March 20, 2015.

6. The following facts are relied upon to show good cause for the requested extension:

a. Counsel has been acting as co-counsel on a case involving Garcia Glen White. Mr. White is set to be executed on January 28, 2015.

b. Counsel had to prepare for a hearing in another capital case, Ex parte Williams, Cause No. 1088181-A that was held on January 14, 2015.

c. Counsel has filed subsequent writs in Ex parte Williams, Cause Nos. 1088181-B and 1088181-C.

7. Appellant’s motion is not for purposes of delay, but so that justice may be done.

WHEREFORE, the State prays that this Court will grant the requested

extension.

Respectfully submitted,

/s/MANDY MILLER Attorney for appellant 2910 Commercial Center Blvd., Ste. 103-201 Katy, TX 77494 SBN 24055561 PHONE (832) 900-9884 FAX (877) 904-6846 mandy@mandymillerlegal.com

2 CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument has been delivered via

email to the following address:

Bexar County District Attorney’s Office ATTN: Rico Valdez

/s/MANDY MILLER Attorney for appellant 2910 Commercial Center Blvd., Ste. 103-201 Katy, TX 77494 SBN 24055561 PHONE (832) 900-9884 FAX (877) 904-6846 mandy@mandymillerlegal.com