Peter Ezebunwa v. State

Opinion

ACCEPTED

03-14-00682-CR

5205972

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/8/2015 10:07:41 AM

JEFFREY D. KYLE

CLERK

CAUSE NO. 03-14-00682-CR

PETER EZEBUNWA § IN THE THIRD COURT FILED IN

Appellant, § 3rd COURT OF APPEALS § AUSTIN, TEXAS 5/8/2015 10:07:41 AM

§

v. § OF APPEALSJEFFREY D. KYLE Clerk

§

THE STATE OF TEXAS § Appellee, § STATE OF TEXAS

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES PETER EZEBUNWA, Appellant, by and through their

attorney, Amber Vazquez Bode, and file this Motion for Extension of Time to

File Appellant's Brief. In support thereof Appellant offers as follows:

1. According to the Texas Rules of Appellate Procedure Rule 38.6 Time

to File Briefs:

"(a) Appellant's Filing Date. Except in a habeas corpus or bail appeal,

which is governed by Rule 31, an appellant must file a brief within 30 days-20

days in an accelerated appeal-after the later of:

( 1) The date the clerk's record was filed; or

(2) The date the reporter's record was filed."

2. The Reporter's Record was filed on March 2, 2015.

3. The Clerk's record was filed on February 5, 2015.

4. The appellant's brief was due on May 6, 2015 according to Rule 38.6.

5. Appellant hereby requests an extension of 30 days due to the stated

reasons. Pursuant to the Texas Rules of Appellate Procedure the

Appellant has the right to request an extension of time. It states,

"(d) Modifications of Filing Time. On motion complying with Rule 10.5

(b), the appellate court may extend the time for filing a brief and may postpone

submission of the case. A motion to extend the time to file a brief may be filed

before or after the date the brief is due. The court may also, in the interests of

justice, shorten the time for filing briefs and for submission of the case."

Appellant respectfully requests a brief extension of 30 days in order to

receive proper research for the case. Appellant requests that the time period

designated by Texas Rules of Appellate Procedure 38.6 (d) be applied and that

Appellant have and extension of time to file the brief.

The Appellant respectfully requests that this court GRANT the Motion for Extension of Time to File Appellant's Brief.

The Vazquez Law Firm 1004 West Ave. Austin, Texas 78701 (512) 220-8507 (telephone) (512) 480-0760 (facsimile) amberv@lawyers.com COUNSEL FOR APPELLANT

CERTIFICATE OF SERVICE

I, AMBER VAZQUEZ BODE, Attorney for Appellant, do hereby certify

that a true and correct copy of the above and foregoing Motion for Extension of

Time to File Appellant's Brief has been serv electronically on May 6, 2015.

Third Court of Appeals Price Daniel Sr. Bldg. 209 West 14th Street, Room 101 Austin, Texas 78701

Ms. Ellie Klemens Court Reporter 427th Judicial District Court Blackwell-Thurman Justice Center 509 West 11th Street-3 rct Floor Austin, Texas 78701 Facsimile: (512) 854-2227

Travis County District Attorney Appellate Division 509 West 11th Street Austin, Texas 78701 Facsimile: (512) 854-9695

Travis County District Clerk 509 West 11th Street, Room 1.400 Austin, Texas 78701 Facsimile: (512) 854-4566

The Honorable Wilford Flowers 427th District Court Blackwell-Thurman Justice Center 509 West 11th Street Austin, Texas 78701 Facsimile: (512) 854-2227

CAUSE NO. 03-14-00682-CR

PETER EZEBUNWA § IN THE THIRD COURT Appellant, § § §

v. § OF APPEALS § §

THE STATE OF TEXAS § STATE OF TEXAS Appellee, §

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF

After considering the Motion for Extension of Time to File Appellant's

Brief the Court has determined that the motion is OF MERIT and is

GRANTED/DENIED.

IT IS SO ORDERED on this _ _ day of _ _ _ _, 2015.

JUDGE PRESIDING