State v. Gerardo Jerry Ayala

Opinion

ACCEPTED

03-14-00651-CR

4734423

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/1/2015 4:19:53 PM

JEFFREY D. KYLE

CLERK

. No. 03-14-00651-CR

STATE.OF TEXAS § FILED IN ·IN THE TIDRD JUDICIAL

3rd COURT OF APPEALS

DISTRICT AUSTIN, TEXAS § 4/1/2015 4:19:53 PM v. § COURT OF JEFFREY D. KYLE APPEALS

Clerk

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GERARDOAYALA. · § AT AUSTIN, TEXAS

·"· ... ,APPELLEE'STHIRD MOTION TO EXTEND TIME TO FILE ..... :.. ,,., . ,, ·c

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TO THE HONORABLE. JUSTICES OF SAID COURT: .. .~- ' .

. Now .·comes.· •· GERARDo AyALA, Appellee in the above '.·styled . and ..

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numbered cause, and moves this Court to grant an extension· of time of 3 0 .days to . ' . '

file appeliee's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate

Procedure, and for good cause shows the following:

· i. The appellee filed a Motion to Suppress Evidence on April 23, 2014.

The Trial Court · filed an Order granting the Motion to Suppress Evidence on

September 29,2014. The State ofTexas filed a timely notice of appeal in the above

. cause on October6; 2014. · The Clerk's record was filed on October16, 2014: The ..

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reporter's record was filed on October 17, 2014. Defendant's Exhibit No. 1 was

filed on October 22, 2014.

2. The State requested and received two extensions of time to file their

brief and filed it on January 9, 2015. Appellee filed a pro se motion for an

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extension of time to file-brief on January 29, 2015 which was granted and the

deadline became March 2, 20 15. · Appellee hired counsel shortly before that

deadline and Counsel requested a second motion for extension of time. within a few \

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days of being .hired. That inotion was granted and Counsel was given a new

deadline of Aprill, 2015.

3. Despite the fact that this. is a third motion for extension, counsel has .•... · . . :·:t":·~i;~.;;}::·.~~.Y:f~·;,./ ··:·-\:r::·i;:~,-:;_.\·:;· .. _--- . .. . .--~ ... · --·- ·_. . .. . .- ·_ ..•.:._ ;, j .: : . . :·

still only had a little more than a nionth to prepare (as Counsel was also not the .-·

_attorney ofrecord at the·triallevel)and is requesting ariother 30 day extension to file

· thebrief.

4. Appellee relies on the following facts as good cause for the requested

extension. In addition to the present case, the undersigned counsel has been working

on many other cases.

5. For these reasons, counsel seeks an extension of time in order to

· adequately fulfill his obligations under the 6th and 14th Amendments to the United

States Constitution.

WHEREFORE, PREMISES CONSIDERED,· Appellee prays that this·

Court grant this Motion To Extend Time to File Appellee's Brief for thirty additional

days from the filing of this motion, and for such other and further relief as the Court

may deem appropriate.

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Respectfully submitted,

Law Office ofJamie Spencer 812 San Antonio Street, Suite 403 Austin, TX 78701 Tele: 512/ 472-9909 Fax: 512/472-9908

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Cell: 512/964-9900

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· Email: Jami~@austindefertse~com · · ,· ·

CERTIFICATE OF SERVICE

This is to certify that on April 1, 2015, a true and correct copy of the above and foregoing document was served by U.S. Mail on the State at the following address:

Travis County District Attorney's Office Ms. Angie Creasy P.O. Box 1748 Austin, TX 78767 ·