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 { { { 

### { { 

### 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 C OURT: Now comes ANOTHNY J. MORALES. Appe ll ant in the above

- entitled and numbered cause. and moves this Cow1 to grant an ex t e ns ion of time to tile appellant" s brief, pursuant to Rule 38.6 of the Texas Rule s of Appe llate Procedure, and fo r good
cause s h ows the following : I. T h is case i s on appea l from t h e 340 111 J udicial Di s tr ict Court of Tom Green Co unt y. Texas. 2. Th e case belo w was s tyled th e STATE OF TEXAS vs. ANTHONY J. MORALES, and number ed C -15-0098-SB
. 3. Appe ll ant was co n v icted of Pos sess io n of Co ntroll ed Substance 1g-4g , third degree felony enhanced to second degre e fe lony . 4. Appella n t was assessed a se n tence of F ifteen ( 15 ) years confinement in the Intuitional Divi sion of th e Texas Department of Criminal Justice on Apr il18. 20 15. 5
. Not ice of appea l was given on May 12 , 20 1 5. 6. The clerk 's record was filed on Jw1e 25, 2015; th e reporter ' s rec ord was fil ed
on Jul y 21,2015. 7. The appellanfs brief is p resently due o n Novembe r 23, 2015. 8. Appe ll ant re qu est t h at an exte n s i o n of time of 45 days from th e present date , 1wh i ch would make the bri ef due on January 7, 2016. 9. An extension of time was received extending the time for the brie f to be filed by 90 days from August 24,2015 to November 23,2015 to the prior attorney appointed in thi s case. I 0. Defendant is currently incarcerated. 11
. Appellant relie s on the follo wing facts as good cau se for the requested extension: Counsel fo r t he Appellant was s ub s tituted in on this appeal b y an o rd er dated August 1 2, 2015. Due to cases set for jury trial in the month s of August, September, October, and November, Counsel was unable to comp lete preparation of the brief b y the deadline of Novembe r 23, 2015. Additionally, an i ssue arose recentl y in my rev iew of the record that r equire s me to
consu lt w ith 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 trial s for the month of December and Counse l be lie ves he will be able t o comp lete the briefwithin an additional 45 day s. WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Comt grant t hi s Motion to Extend Time to file Appellant's Brief, and for suc h other a nd fmther relief as the Comt may deem ap propriate. Re spectf ull y s ubmitted,

# ~ State Bar No.: 12180800 123 South Irving Street San Angelo, Texas 76903 Telephone: 325

- 655-5355 Tele cop ier: 325-655-5636 e -m ail: raeleife ste · a s uddenlinkmail.com

2

### CERTIFICATE OF CONFERENCE I ce rtif y that on Novembe r 20
. 2015 , l confeiTed with Mr
. 

### J. Bryan Clayto n. A ss istan t District Attorney, District Attorney's Office , Tom Green Cou nty , regarding the r eque st is not opposed.



### CERTIFICATE OF SER VIC E
I h e

r e b

) cert ify that o n Nove mb er 20
. 20 15
. a t ru

e a nd co rrect copy of the above and l(m.::go ing doc ument vv as serve d o n th e Di s tri ct A tt orn ey's O ff ic e . To m Gree n Cou n ty . Mr . J . Bryan. by elec tro ni c m ail.



### STATE OF TEXAS § § 

### COUNTY O F TOM GREEN § 

### VERIFICATION

Co un se l f or A pp e ll an t. Rae Leifeste. appeari n g bef ore the unders i gned nota ry public being duly swo rn up o n hi s o ath . sta tes that the fac ts in t hi s m otion ar c \\ ithin hi s per so nal know l edge and are true and correct



### SUBSCRIBED AND SWORN TO BEFORE ME on November 20, 20 15, to certify w hi ch witness m y ha nd a nd seal of of fice.