ACCEPTED

03-15-00291-CR

7931447

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/20/2015 3:13:55 PM

JEFFREY D. KYLE

CLERK

CAUSE NO. 03-15-00291-CR 

ANTHONY J. MORALES { 

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IN THE COURT OF APPEALS 

vs. THIRD DISTRICT 

STATE OF TEXAS OF TEXAS 

MOTION TO EXTEND TIME TO FILE APPEALLANT'S BRIEF 

TO THE HONORABLE JUSTICES OF SAID COURT: 

Now comes ANOTHNY J. MORALES. Appellant in the above- entitled and 

numbered cause. and moves this Cow1 to grant an extension of time to tile appellant" s 

brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure, and fo r good 

cause shows the following: 

I. This case is on appeal from the 340 111 Judicial District Court of Tom Green 

County. Texas. 

2. The case below was styled the STATE OF TEXAS vs. ANTHONY J. 

MORALES, and numbered C-15-0098-SB. 

3. Appellant was convicted of Possession of Controlled Substance 1 g-4g, third 

degree felony enhanced to second degree felony. 

4. Appellant was assessed a sentence of Fifteen (15) years confinement in the 

Intuitional Division of the Texas Department of Criminal Justice on April18. 

20 15. 

5. Notice of appeal was given on May 12, 2015. 

6. The clerk's record was filed on Jw1e 25, 2015; the reporter's record was fil ed 

on July 21,2015. 

7. The appellanfs brief is p resently due on November 23, 2015. 

8. Appellant request that an extension of time of 45 days from the present date, 

1 

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/20/2015 3:13:55 PM JEFFREY D. KYLE Clerk
which would make the brief due on January 7, 2016. 

9. An extension of time was received extending the time for the brief to be filed 

by 90 days from August 24,2015 to November 23,2015 to the prior attorney 

appointed in this case. 

I 0. Defendant is currently incarcerated. 

11 . Appellant relies on the following facts as good cause for the requested extension: 

Counsel for the Appellant was substituted in on this appeal by an order dated August 

12, 2015. Due to cases set for jury trial in the months of August, September, October, and 

November, Counsel was unable to complete preparation of the brief by the deadline of 

November 23, 2015. 

Additionally, an issue arose recently in my review of the record that requires me to 

consult with my client on this particular matter and I have been unable to travel to see him 

to date. Counsel is not set for any jury trials for the month of December and Counsel 

believes he will be able to complete the briefwithin an additional 45 days. 

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Comt 

grant this Motion to Extend Time to file Appellant's Brief, and for such other and 

fmther relief as the Comt may deem appropriate. 

Respectfully submitted, 

~ State Bar No.: 12180800 

123 South Irving Street 

San Angelo, Texas 76903 

Telephone: 325-655-5355 

Telecopier: 325-655-5636 

e-mail: raeleifeste·a suddenlinkmail.com 

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CERTIFICATE OF CONFERENCE 

I certify that on November 20. 2015, l confeiTed with Mr. J. Bryan Clayton. Assistant 

District Attorney, District Attorney's Office, Tom Green County, regarding the request is not 

opposed. 

CERTIFICATE OF SERVICE 

I here b) certify that on November 20. 20 15. a true and correct copy of the above and 

l(m.::going document vvas served on the Distri ct Attorney's Office. Tom Green County. Mr. J. 

Bryan. by electronic mail. 

STATE OF TEXAS § 

§ 

COUNTY OF TOM GREEN § 

VERIFICATION 

Counsel for Appellant. Rae Leifeste. appearing before the undersigned notary public 

being duly sworn upon his oath. states that the facts in this motion arc \\ ithin his personal 

knowledge and are true and correct 

SUBSCRIBED AND SWORN TO BEFORE ME on November 20, 2015, to certify which 

witness my hand and seal of office.