Victor Rosales v. State
This text of Victor Rosales v. State (Victor Rosales v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ACCEPTED 03-15-00735-CR 11221043 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/20/2016 9:59:56 AM JEFFREY D. KYLE CLERK No. 03-15-00735-CR ____________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 6/20/2016 9:59:56 AM ____________________________________________________ JEFFREY D. KYLE Clerk VICTOR ROSALES, Appellant
v.
THE STATE OF TEXAS ____________________________________________________
ON DIRECT APPEAL FROM THE 299TH DISTRICT COURT OF TRAVIS COUNTY IN CAUSE NO. D-1-DC-14-300723 ____________________________________________________
APPELLANT’S MOTION FOR AN EXTENSION OF TIME TO FILE THE APPELLANT’S BRIEF ____________________________________________________
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:
Comes now Victor Rosales, appellant, and would show the Court the
following:
I.
Appellant was convicted of aggravated sexual assault and a jury assessed
punishment at 40 years. Notice of appeal was filed and the appeal docketed in this
Court. II.
The clerk’s record was filed on February 24, 2016. The reporter’s record
was filed on May 18, 2016. Appellant’s brief is due on June 23, 2016.
III.
Appellant seeks a 60 day extension of the current deadline in which to file
Appellant’s brief, up to and including, August 22, 2016.
IV.
This request is based on the following facts which prevent counsel for
Appellant from preparing the brief by the current deadline:
The record in this cause is voluminous. It is comprised of 10 volumes and
an electronic exhibit admitted at trial. Counsel has not had an opportunity to
review the record and prepare Appellant’s brief by June 23, 2016. Filing of the
brief cannot be accomplished by the current deadline while still effectively
representing Appellant on direct appeal to this Court.
Additionally, since the time the reporter’s record was filed in this cause,
counsel for appellant has prepared and filed an appellant’s brief in Cunningham v.
State in the Sixth Court of Appeals and an applicant’s brief in Ex parte Watkins in
the 207th District Court of Comal County and the Court of Criminal Appeals.
Counsel has a brief due in the Court of Criminal Appeals in Ex parte Wimberly on
June 24, 2016.
2 V.
This is Appellant’s first request for an extension of time to file Appellant’s
brief.
Prayer
Appellant requests this Court grant the motion and extend the time to file
Appellant’s brief by 60 days, up to and including August 22, 2016.
Respectfully submitted,
/s/Richard E. Wetzel Richard E. Wetzel State Bar No. 21236300
1411 West Ave., Suite 100 Austin, Texas 78701
(512) 469-7943 (512) 474-5594 wetzel_law@1411west.com
Attorney for Appellant Victor Rosales
Certificate of Service
This is to certify a true and correct copy of this pleading was sent by email to Counsel for the State of Texas, Scott Taliaferro, Assistant District Attorney, at Scott.Taliaferro@traviscountytx.gov on this the 20th day of June, 2016.
/s/Richard E. Wetzel Richard E. Wetzel State Bar No. 21236300
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Victor Rosales v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victor-rosales-v-state-texapp-2016.