State v. Hector Martinez

Opinion

ACCEPTED 03-14-00588-CR 4335154 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/2/2015 2:52:23 PM JEFFREY D. KYLE CAUSE NO. 03-14-00588-CR CLERK

· INTHE FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS 3/2/2015 2:52:23 PM THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk AUSTIN, TEXAS

STATE OF TEXAS § APPELLANT

vs. §

HECTOR MARTINEZ § APPELLEE

APPEAL FROM THE 427th JUDICIAL DISTRICT COURT

TRAVIS COUNTY, TEXAS

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

1APPELLE'S SECOND 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 Suppres 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 8th 2014.

b) The Defendant's brief is currently due on March 2, 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) 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.

2) 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. 3) This issue now being raised requires additional research for

Appellee's counseL

4) Appellee's counsel contracted co-counsel to assist m the

drafting of Appellee's brief.

5) Appellee's counsel requests this last and final extension.

WHEREFORE, Hector Martinez, Appellee, respectfully requests the Court

extend the deadline for filing Appellee's brief to April 1st, 2014. Respectfully submitted,

702 Rio Grande Street Austin, Texas 78701 512.897.3325 Fax No. 512.501.6307 Del~vina.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, 14-point typeface.

CERTIFICATE OF SERVICE

I hereby certify that, on the 2nd day of March, 2015, a true and correct

copy of this motion was served by electronic mail, and electronically

through the eelectronic filing manager, to the Appellant's attorney, Angie

Creasy, at angie.creasy@traviscountytx.gov, and

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