State v. Robert Simpson

Opinion

ACCEPTED

03-15-00499-CR

8006575

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/30/2015 10:43:21 AM

JEFFREY D. KYLE

CLERK

IN THE

THIRD COURT OF APPEALS

OF TEXAS FILED IN 3rd COURT OF APPEALS

AUSTIN, TEXAS

STATE OF TEXAS § 11/30/2015 10:43:21 AM JEFFREY D. KYLE

v. § CASE NO. Clerk 3-1S-00499-CR

ROBERT SIMPSON §

MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COMES, ROBERT SIMPSON, appellee In the above styled and

numbered cause, and respectfully moves the Court for an extension of time within

which to file the appellee brief, and for cause would show the Court as follows:

The appellee brief is due on October 30. This is the third requested extension

filed on behalf of the appellee. Counsel now requests an additional extension for the

following reasons:

Counsel filed two Applications for Writ of Habeas Corpus requesting out of time

Petition for Discretionary Review due to previous counsel's failure to file such on

behalf of the client in Zambrana v. State, no. 07-12-00124 and no. 07-12-00125. The

Court granted the applications. Counsel filed the two Petition for Discretionary

Reviews on Wednesday, November 25, 20] 5. Counsel is also presently working on

several other post-conviction and appellate matters. Counsel is also set for trial in State

2

v. Mroos in the 187tl1 District Court of Bexar, cause no. 2015-CR-476B December 14,

2015 in a first degree manufacturing of a controlled substance.

WHEREFORE, PREMISES CONSIDERED, appellant respectfully prays that

this motion be granted and that the Court permits an extension of time to file the

appellee brief of an additional fifteen days.

RESPECTFULLY SUBMITTED,

aniel H. Wannamaker 1012 Ri 0 Grande Street Austin, Texas 78701 (512) 236-9929 (512) 233-5979 (Fax) State Bar No. 20834300 Attorney for Appellant

CERTIFICA TE OF SERVICE

1 hereby certify that a true and correct copy of the foregoing Appellee's Motion

to Extend Time to File Appellee Brief was furnished to the Travis County District

Attorney's Office, on this the 30th day of November, 2015.

aniel H. Wannamaker Attorney for Appellant