Zane Lynn Barton v. State

• Court: Court of Appeals of Texas
• Decided: January 6, 2015
• Docket: 03-14-00559-CR
• Status: Published

Opinion

ACCEPTED 03-14-00559-CR 3666090 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/6/2015 1:54:53 PM JEFFREY D. KYLE CLERK No. 03-14-00559-CR FILED IN ______________________________________________________ 3rd COURT OF APPEALS AUSTIN, TEXAS 1/6/2015 1:54:53 PM In The Court of Appeals JEFFREY D. KYLE For The Third Court of Appeals District Clerk Austin, Texas ______________________________________________________

Zane Lynn Barton, Appellant, v. The State of Texas, Appellee. ______________________________________________________

ON APPEAL FROM THE 22nd DISTRICT COURT, HAYS COUNTY, TEXAS TRIAL COURT CAUSE NO. CR-13-0614 ______________________________________________________

APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF ______________________________________________________ Amanda Erwin State Bar No. 24042939 109 East Hopkins Street, Suite 200 San Marcos, Texas 78666 Telephone: (512) 938-1800 Telecopier: (512) 938-1804 Amanda@theerwinlawfirm.com Counsel for Zane Lynn Barton Identity of Parties and Counsel

Appellant’s Appellate Counsel:

Amanda Erwin The Erwin Law Firm, L.L.P. 109 East Hopkins Street, Suite 200 San Marcos, Texas 78666 Telephone: (512) 938-1800 Telecopier: (512) 938-1804 Amanda@theerwinlawfirm.com

Appellee:

The Honorable Wes Mau Hays County District Attorney Hays County Government Center 712 South Stagecoach Trail, Suite 2057 San Marcos, Texas 78666 TO THE HONORABLE ELEVENTH COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.5 and 38.6(d), the Appellant, Zane

Lynn Barton, files this First Motion to Extend Time to File Appellant’s

Brief.

The Appellant’s opening brief is currently due on January 7, 2015.

Counsel for Appellant, Zane Lynn Barton, requests a 60-day extension

of time to file Appellant’s brief, making the brief due on March 9, 2015.

This is the first request for extension of time to file the opening brief.

Counsel for Appellant relies on the following reasons, in addition to the

routine matters that counsel must attend to in daily practice, to explain the

need for the requested extension:

1) Counsel for Appellant has several approaching jury trial settings in

District and County Courts, including a murder trial and two sexual

assault of a child trials.

2) Further, Counsel has been out on maternity leave, and is returning

back to the office of January 19, 2015.

Counsel for Appellant seeks this extension of time to be able to prepare

a cogent and succinct brief to aid this Court in its analysis of the issues

presented. This request is not sought for delay but so that justice may be

done. All facts recited in this motion are within the personal knowledge of the

counsel signing this motion; therefore no verification is necessary under

Texas Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellant respectfully requests that this

Court grant this First Motion to Extend Time to File Appellant’s Brief

and extend the deadline for filing the Appellant’s Brief up to March 9,

2015. Appellant requests all other relief to which Appellant may be

entitled.

Respectfully Submitted,

/s/ Amanda Erwin Amanda Erwin The Erwin Law Firm, L.L.P. 109 East Hopkins Street, Suite 200 San Marcos, Texas 78666 Telephone: (512) 938-1800 Telecopier: (512) 938-1804 Amanda@theerwinlawfirm.com Attorney for Appellant CERTIFICATE OF SERVICE

I certify that of January 7, 2015, a copy of this motion was delivered to the attorney of record for the opposing party:

The Honorable Wes Mau Hays County District Attorney Hays County Government Center 712 South Stagecoach Trail, Suite 2057 San Marcos, Texas 78666

By electronically sending it through File & ServeXpress, LLC, this the 7th day of January 2015.

/s/ Amanda Erwin Amanda Erwin