State v. Hector Martinez

Opinion

ACCEPTED

03-14-00588-CR

3951097

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/29/2015 2:41:58 PM

JEFFREY D. KYLE

CLERK

FILED IN

3rd COURT OF APPEALS

AUSTIN, TEXAS

CAUSE NO. 03-14-00588-CR 1/29/2015 2:41:58 PM JEFFREY D. KYLE

Clerk

IN THE

COURT OF APPEALS

THIRD DISTRICT OF TEXAS

A USTIN, TEXAS

STATE OF TEXAS § APPELLANT vs. § HECTOR MARTINEZ § APPELLEE

APPEAL FROM THE 427th nJDICIAL DISTRICT COURT TRAVIS COUNTY, TEXAS

CAUSE NO. D-1-DC-13-900228

APPELLE'S MOTION FOR EXTENTION OF TIME TO THE HONORABLE COURT OF APPEALS:

Comes Now, Hector Martinez, Appellee in the above-styled cause, and respectfully moves for a deadline for filing the Appellee's brief, and in accordance with the Texas Rules of Appellate Procedure 38.6 and 10.5(b), advises the Court as follows:

a) The Defendant filed a Motion to Suppress Evidence on August 1, 2014. The Trial Court filed an Order granting the Motion to Suppress

Evidence on September 9, 2014. The State timely filed notice of appeal in the above cause on September 11, 2014. The reporter's record was filed on September 22, 2014. The clerk's record was filed on October gth 2014. b) The Defendant's brief is currently due on January 30, 2015. c) This request is that the deadline for filing the Appellee's brief be extended by 30 days. d) This is the Appellee's first request for an extension. e) The Appellee relies upon the following facts to reasonably explain the need for an extension of the deadline:

1) The State filed its brief on December 31 st, 2014, a day more commonly known as New Year's Eve.

2) Appellee's counsel maintains an active civil and criminal law practice in Travis, Caldwell, Hays, Williamson, and Hidalgo Counties. Since the filing of the State' s notice of appeal and State's brief Appellee's counsel has been responsible for the maintenance of multiple cases spanning Central and South Texas.

3) Further, the state raised the issue of exigent circumstances in the State's brief. This issue was previously discussed as a non-

issue between the State's attorney and Appellee's attorney.

This issue now being raised requires additional research for Appellee's counsel.

WHEREFORE, Hector Martinez, Appellee, respectfully requests the Court extend the deadline for filing Appellee's brief to March 2"d, 2014.

Aus · , exas 78701

512.897.3325

Fax No. 512.501.6307

Delavina.law@gmail.com

www.delavinalaw.com

CERTIFICATE OF COMPLIANCE Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify, based upon the computer program used to generate this motion this motion contains 282 words, excluding words contained in those parts of the motion that Rule 9.4(i) exempts from inclusion in the word count. I certify, further, that this motion is printed in a conventional,

I hereby certify that, on the 29th day of January, 2015, a true and correct copy of this motion was served by electronic mail, and electronically through the eelectronic filing manager e Appellant's attorney, Angie Creasy, at angie.creasy@traviscoun x.