Peter Ezebunwa v. State

Opinion

ACCEPTED

03-14-00682-CR

5523815

THIRD COURT OF APPEALS

AUSTIN, TEXAS

6/3/2015 10:55:06 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 § 6/3/2015 10:55:06 AM

v. § OF APPEALSJEFFREY D. KYLE Clerk

§

THE STATE OF TEXAS § Appellee, § STATE OF TEXAS

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

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES PETER EZEBUNW A, Appellant, by and through their

attorney, Amber Vazquez Bode, and file this Second 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 3 0 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 June 5, 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 Second Motion for Extension of Time to File Appellant's Brief.

Respectfully submitted,

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1!3:P

Amber Vazquez State Bar No. 24039225 The Vazquez Law Firm 1004 West Ave. Austin, Texas 78701 (512) 220-8507 (telephone) ( 5 12) 480-07 60 (facsimile) atnberv@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 Second Motion for

Extension of Time to File Appellant's Brief has been served electronically on

June 3, 2015.

v

AMBER AZQUEZ BODE Attorney for Appellant -

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-Thunnan Justice Center 509 West 11th Street-3rd 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 Count~ District Clerk 509 West 11 t Street, Room 1.400 Austin, Texas 78701 Facsimile: (512) 854-4566

The Honorable Wilford Flowers 427th District Court Blackwell- Thunn~1 n Justice Center 509 West 11th Strcct Austin, Texas 78701 Facsimile: (512) 854-222

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

After considering the Second Motion for Extension of Time to File

Appellant's Brief the Court has detennined that the motion is OF MERIT and is

GRANTED/DENIED.

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

JUDGE PRESIDING