Paul Martin Ahern v. State

• Court: Court of Appeals of Texas
• Decided: January 9, 2015
• Docket: 03-14-00090-CR
• Status: Published

Opinion

ACCEPTED 03-14-00090-CR 3721254 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/9/2015 4:59:41 PM JEFFREY D. KYLE CLERK No. 03-014-00090-CR

In the Court of Appeals rd FILED IN 3 District of Texas at Austin 3rd COURT OF APPEALS AUSTIN, TEXAS PAUL MARTIN AHERN, 1/9/2015 4:59:41 PM Appellant JEFFREY D. KYLE Clerk vs.

THE STATE OF TEXAS, Appellee

APPELLANT’S SECOND MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

NOW COMES, Paul Martin Ahern (“Mr. Ahern”), by and through his attorney of record,

David Gonzalez, and files this, Appellant’s First Motion for Extension of Time to File Reply

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

Court the following:

a) The State’s brief was filed on December 8, 2014.

b) Appellant’s reply brief is currently due on January 9, 2015

c) This Request is that the deadline for filing the Appellant’s Reply Brief be extended by 7

days to January 16, 2015.

d) Appellant has requested one previous extensions of time for submission of the Reply

Brief.

APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF – Page 1 Paul Martin Ahern, Appellant v. State of Texas, Appellee Cause No. 03-14-00090-CR e) Petitioner relies on the following facts as a reasonable explanation for the requested

extension of time:

1. With various holiday office closures, holiday travel, and illness counsel requires

additional time to research and finalize the Reply Brief.

2. 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 his reply brief in this

case.

3. The undersigned’s office has made attempts to contact, Rosa Theofanis of the

Travis County District Attorney’s Office, to ask if there would be opposition to

this request. However, Counsel has not yet heard back from Ms. Theofanis before

the filing of this motion.

Respectfully submitted,

SUMPTER & GONZÁLEZ, L.L.P. 206 E. 9th Street, Suite 1511 Austin, Texas 78701 Telephone: (512) 381-9955 Facsimile: (512) 485-3121

By: David Gonzalez /s/ David Gonzalez State Bar No. 24012711 david@sg-llp.com

ATTORNEY FOR APPELLANT PAUL MARTIN AHERN

APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF – Page 2 Paul Martin Ahern, Appellant v. State of Texas, Appellee Cause No. 03-14-00090-CR CERTIFICATE OF SERVICE

By signing the above, I, David M. Gonzalez, certify that on January 9, 2015, 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:

Travis County District Attorney’s Office Rosa Theofanis 509 W 11th St, Austin TX 78701 rosa.theofanis@co.travis.tx.us AppellateTCDA@co.travis.tx.us

_David Gonzalez /s/________________________ David M. Gonzalez

APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF – Page 3 Paul Martin Ahern, Appellant v. State of Texas, Appellee Cause No. 03-14-00090-CR