Zane Lynn Barton v. State

Opinion

ACCEPTED 03-14-00559-CR 4365013 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/4/2015 11:01:07 AM JEFFREY D. KYLE CLERK No. 03-14-00559-CR FILED IN ______________________________________________________ 3rd COURT OF APPEALS AUSTIN, TEXAS 3/4/2015 11:01:07 AM 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 SECOND 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@therwinlawfirm.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

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 THIRD COURT OF APPEALS:

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

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

Brief.

The Appellant’s opening brief is currently due on March 9, 2015.

Counsel for Appellant, Zane Lynn Barton, requests a 45-day extension

of time to file Appellant’s brief, making the brief due on April 23, 2015.

This is the second 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 had a murder jury trial February 9 through

16 in Caldwell County Texas.

2) Counsel for Appellant has several approaching jury trial settings

in District and County Courts.

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 Second Motion to Extend Time to File Appellant’s Brief

and extend the deadline for filing the Appellant’s Brief up to April 23,

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 Attorney for Appellant CERTIFICATE OF SERVICE

Pursuant to TEX. R. APP. P. 9.5, I certify that of March 4, 2015, a copy of this motion was electronically served, to the following:

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

/s/ Amanda Erwin Amanda Erwin