Michael John James v. State

Opinion

ACCEPTED

03-15-00241-CR

6348110

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/4/2015 1:16:50 PM

JEFFREY D. KYLE

CLERK

N0. 03-15-00241-CR

MICHAEL JOHN JAMES § IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS

Appellant AUSTIN, TEXAS 8/4/2015 1:16:50 PM

VS. § THIRD JUDICIAL DISTRICT JEFFREY D. KYLE

Clerk

THE STATE OF TEXAS § STATE OF TEXAS Appellee

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW, MICHAEL JOHN JAMES, Appellant, by and through his

counsel of record, Leonard Martinez, and files this his motion for an extension for

30 days in which to file the Appellant’s Brief. In support of this motion,

Appellant would show the Court the following:

I.

Appellant’s brief was due on 7-13-15 and is overdue. Counsel’s failure to

file Appellant’s Brief is due to mitigating circumstances.

II.

Counsel continues to have health issues. Counsel underwent lower back

surgery for debilitating pain on 7-22-15 and is recovering. There was a

complication but that has been resolved and counsel should be able to function at a

higher level in about another week. Counsel has read the record, identified an

important issue, and is beginning to brief that issue which has to do with the deadly weapon finding in this case.

Counsel should be able to complete the brief within 30 days.

WHEREFORE, Appellant prays that the Court grant this motion and extend

the deadline for filing the Appellant’s Brief for a period of 30 days.

Respectfully submitted,

/s/Leonard Martinez Leonard Martinez 812 San Antonio, Suite 104 Austin, Texas 78701 (512) 472-0958 (512) 472-3053 Fax Bar No. 13142750

ATTORNEY FOR APPELLANT

Certificate of Service

I certify that a true and correct copy of the foregoing document was sent to the Travis County District Attorney this 4th Day of August, 2015.

_/s/Leonard Martinez Leonard Martinez