No. 03 -15-00233- CR

IN THE COURT OF APPEALS

THIRD DISTRICT

AT AUSTIN

, TEXAS

__________________________________________________________________

ISREAL REYES, SR., Appellant

v.

THE STATE OF TEXAS

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BR IEF

__________________________________________________________________

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF

APPEALS:

Comes now, Isreal Reyes, Sr., Appellant in the above styled and numbered

cause and would show this honorable Court the following:

I.

Reyes was convicted in the above cause for the offenses of aggravated

assault, endangering a child, and unlawful possession of a firearm. Punishment

was assessed at 20 years and two 10 year sentences. Notice of appeal was timely ACCEPTED

03-15-000233-CR

6276817

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/29/2015 2:55:34 PM

JEFFREY D. KYLE

CLERK2

filed after the Court of Criminal Appeals granted an out of time appeal. T he

appeal was docketed in this Court.

II.

A clerk’s record was filed on May 18, 2015. A reporter’s record was filed

on July 3, 2015. Reyes’s brief is due on August 6, 2015.

II I

.

Appellant seeks a 90 day extension of the current deadline in which to file

A ppellant’s brief, up to and including, November 4, 2015.

I V.

This request is based on the following facts which prevent counsel for

A ppellant f

rom preparing the brief by the current deadline:

The record in this cause is voluminous. It is comprised of nine volumes.

Counsel has not had an opportunity to review the record and prepare Appellant’s

brief by August 6, 2015. Filing of the brief canno t be accomplished by the current

deadline while still effectively representing A ppellant on direct appeal to this

Court.

Additionally, counsel cannot meet the current deadline and needs a 90 day

extension because: since the reporter’s record was filed in this cause, counsel has

prepared and filed an applicant’s application for writ of habeas corpus in Ex parte

Zahir Querishi , cause number 86,707, in the 315 th District Court of Harris County ;3

an appellant’s brief in Tyler Ebanks v. State of Texas , No. 03

- 15

- 00392

- CR, in the

Third Court of Appeals ; and a 30 page defendant’s motion for new trial in State of

Texas v. Gary Lee Griffin

, cause number CR

- 14

- 0432, in the 22 nd District Court of

Hays County, Texas. Counsel will be out of the State of Texas from Augus t 2 to

August 4, 2015. Counsel will be attending a CLE course from August 6 to 7

,

2015. Counsel has an appellant’s brief in a capital murder conviction in US

Carnell Petetan v. State of Texas , No. AP

- 77,038, in the Court of Criminal

Appeals, due on secon d extension on August 31, 2015. Counsel has an appellant’s

motion for rehearing due on first extension in Eleazar Luna v. State of Texas , No.

13

- 13

- 00367

- CR, in the Thirteenth Court of Appeals on August 31, 2015. Counsel

must prepare and file findings of fact and conclusions of law in Ex parte

Christopher Wimberly , No. 54,705

- E, in the 264 th District Court of Bell County,

Texas, on or before September 8, 2015.

V.

This is the first request for an extension to file A ppellant’s brief.

PRAYER

Appellant re quests this Court grant the motion and extend the time to file

Appellant’s brief by 90 days, up to and including November 4, 2015.

Respectfully submitted,

/s/Richard E. Wetzel

Richard E. Wetzel4 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

Isreal Reyes, Sr.

CERTI FICATE 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, Josh Presley, Assistant District Attorney, at

presj@co.comal.tx.us on this the 29 th day of Ju ly, 2015.

/s/Richard E. Wetzel

Richard E. Wetzel

State Bar No. 21236300