Matthew Warfield v. State

Opinion

ACCEPTED 03-15-00468-CR 13907182 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/21/2016 2:46:04 PM JEFFREY D. KYLE No. 03-15-00468-CR CLERK

IN THE COURT OF APPEALS FOR THE THIRD JUDICIAL FILED IN DISTRICT OF TEXAS, AT AUSTIN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/21/2016 2:46:04 PM Matthew Warfield, Appellant JEFFREY D. KYLE Clerk

v.

The State of Texas, Appellee On Appeal from the 22nd District Court of Hays County in Cause No. CR-14-0882, the Honorable Gary Steel, Judge Presiding

Unopposed Motion to Stay Proceedings and Allow Amended Briefing

TO THE HONORABLE THIRD COURT OF APPEALS:

COMES NOW, Matthew, Appellant in the above styled and

numbered cause, by and through John G. Jasuta, his undersigned

attorney of record, and respectfully enters this “Unopposed Motion

to Stay Proceedings and Allow Amended Briefing,” and in support

of such Motion would show the Court:

I

Appellant was convicted in the 22nd District Court of Hays

County, Texas, of the offense of evading arrest, in Cause No. CR- 14-0882 (Count I), styled The State of Texas v. Matthew Devere

Warfield. Punishment was assessed at confinement for twenty

(20) years. The trial court imposed sentence on July 16, 2015.

Notice of Appeal was timely filed with the clerk of the trial court.

II

Appellant's Amended Brief was filed with the Court on

February 16, 2016. The State's Brief was filed on May 24, 2016.

The case has been listed as “At Issue” since June 8, 2016, and oral

argument was denied on July 11, 2016.

III

The undersigned now believes that the punishment assessed

in Count I may be illegal, as the indictment and evidence

presented may support only a conviction for a State Jail Felony.

Additional research and briefing is required to fully protect

Appellant’s right to a full and complete appeal of the conviction.

Said attorney would further show the Court that he has been

scheduled to undergo major abdominal surgery, his third surgery in the last five months, on November 22, 2016. Said attorney will

require, as a result, additional time, both to recuperate and to

complete the research and prepare Appellant's Second Amended

Brief on Appeal. Given the recuperation time required the

undersigned would request an additional forty-five (45) days to

complete and file an Amended Brief. This delay in the proceedings

is sought so that justice may be done, and not for any purpose of

unnecessary delay.

Certificate of Conference

The undersigned certifies that David Schulman, a licensed

attorney with whom the undersigned shares office space, conferred

with Mr. Ben Moore, counsel of record for the State. Neither Mr.

Moore nor his office are opposed to the granting of this motion.

Prayer

WHEREFORE PREMISES CONSIDERED, Appellant prays this

Honorable Court to grant his “Unopposed Motion to Stay

Proceedings and Allow Amended Briefing,” and Order that Appellant’s amended brief be filed on or before January 6, 2017,

or until such time as set by this Court.

Respectfully submitted,

__________________________________ John G. Jasuta Attorney at Law 1801 East 51st Street, Suite 365474 Austin, Texas 78723 eMail: lawyer1@johngjasuta.com Tel. 512-474-4747 Fax: 512-532-6282 State Bar No. 10592300 Attorney for Matthew Warfield

Certificate of Compliance and Delivery

This is to certify that: (1) this document, created using WordPerfect™ X8 software, contains 484 words, excluding those items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on November 21, 2016, a true and correct copy of the above and foregoing “Unopposed Motion to Stay Proceedings and Allow Amended Briefing,” was transmitted via the eService function on the State’s eFiling portal, to Benjamin “Ben” Moore (benjamin.moore@co.hays.tx.us), counsel of record for the State of Texas.

______________________________________ John G. Jasuta