Miguel Medina Pastenes v. State

• Court: Court of Appeals of Texas
• Decided: August 31, 2016
• Docket: 03-16-00102-CR
• Status: Published

Opinion

ACCEPTED 03-16-00102-CR 12467640 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/31/2016 12:24:34 PM JEFFREY D. KYLE CLERK No. 03-16-00102-CR

In the Court of Appeals 3rd District of Texas at Austin FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS MIGUEL PASTENES, 8/31/2016 12:24:34 PM Appellant JEFFREY D. KYLE Clerk vs.

THE STATE OF TEXAS, Appellee

APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

NOW COMES, Miguel Pastenes ("Mr. Pastenes"), by and through his attorney of record,

Kristin Etter, and files this, Appellant's Second Motion for Extension of Time to File Brief

pursuant to Texas Rule of Appellate Procedure 10.5 and in support thereof, would show the

Court the following:

I. Appellant was convicted of Public Lewdness on July 8, 1998, and was sentenced to 365

days probated for 2 years.

2. Appellant filed timely Notice of Appeal on February 17, 2016, appealing the denial of a

writ ofhabeas corpus on January 25,2016

3. The reporter's record and exhibits were filed on August I, 2016.

4. Appellant's brief was first due on July 18, 2016.

APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF- Page 1 Miguel Pastenes, Appellant v. State ofTexas, Appellee Cause No. 13-14-00567-CR 5. Appellant made a previous request to extend the brief filing deadline which was

subsequently granted and a new deadline to file the Appellant's brief was extended to

August 31,2016.

6. Appellant requests an additional extension of time of 14 days until September 14, 2016 to

file his brief.

7. Appellant's counsel had prepared and intended to finish drafting her brief before the

August 31st deadline, however, she has been unable to do so because she has needed to

take care of her sick baby which has required her to go to doctor's appointments and to

stay at home away from her office.

8. This request for an extension of time is not made for the purpose of delay, but to permit

Appellant's counsel to adequately prepare and submit her brief in this case.

9. Appellant respectfully requests the Court grant Appellant's First Motion for Extension of

Time to File Brief and extend such deadline for fourteen (14) days.

10. The attorney for the State of Texas, Carty Dessauer, is not opposed to this Motion.

Respectfully submitted,

SUMPTER & GONzALEZ, L.L.P. 206 E. 9th Street, Suite 1511 Austin, Texas 78701 Telephone: (512) 381-9955 Facsimile (512) 48 121

Kristin Etter State Bar No. 24038884 kristin@sg-llp.com

APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF- Page 2 Miguel Pastenes, Appellant v. State ofTexas, Appellee Cause No. 13-14-00567-CR ATTORNEY FOR APPELLANT MIGUEL PASTENES

CERTIFICATE OF SERVICE

By signing the above, I, Kristin Etter, certify that on August 31, 2016, a true and correct

copy of the foregoing Appellant's First Motion for Extension of Time to File Brief was served by

eFile.TXCourts.gov or certified U.S. mail, return receipt requested and/or email on the following

counsel of record:

Williamson County District Attorney's Office Carly Dessauer 405 M.L.K. Street, Suite 265 Georgetown, TX 78626

APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF- Page 3 Miguel Pastenes, Appellant v. State of Texas, Appellee Cause No. 13-14-00567-CR