ACCEPTED

03-16-00102-CR

12467640

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/31/2016 12:24:34 PM

JEFFREY D. KYLE

CLERK No. 03-16-00102-CR 

In the Court of Appeals 

3rd District of Texas at Austin 

MIGUEL PASTENES, 

Appellant 

vs. 

THE STATE OF TEXAS, 

Appellee 

APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME 

TO FILE BRIEF 

TO THE HONORABLE THIRD COURT OF APPEALS: 

NOW COMES, Miguel Pastenes ("Mr. Pastenes"), by and through his attorney of record, 

Kristin Etter, and files this, Appellant's Second Motion for Extension of Time to File Brief 

pursuant to Texas Rule of Appellate Procedure 10.5 and in support thereof, would show the 

Court the following: 

I. Appellant was convicted of Public Lewdness on July 8, 1998, and was sentenced to 365 

days probated for 2 years. 

2. Appellant filed timely Notice of Appeal on February 17, 2016, appealing the denial of a 

writ ofhabeas corpus on January 25,2016 

3. The reporter's record and exhibits were filed on August I, 2016. 

4. Appellant's brief was first due on July 18, 2016. 

APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME 

TO FILE BRIEF- Page 1 

Miguel Pastenes, Appellant v. State of Texas, Appellee 

Cause No. 13-14-00567-CR 

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/31/2016 12:24:34 PM JEFFREY D. KYLE Clerk
5. Appellant made a previous request to extend the brief filing deadline which was 

subsequently granted and a new deadline to file the Appellant's brief was extended to 

August 31,2016. 

6. Appellant requests an additional extension of time of 14 days until September 14, 2016 to 

file his brief. 

7. Appellant's counsel had prepared and intended to finish drafting her brief before the 

August 31st deadline, however, she has been unable to do so because she has needed to 

take care of her sick baby which has required her to go to doctor's appointments and to 

stay at home away from her office. 

8. This request for an extension of time is not made for the purpose of delay, but to permit 

Appellant's counsel to adequately prepare and submit her brief in this case. 

9. Appellant respectfully requests the Court grant Appellant's First Motion for Extension of 

Time to File Brief and extend such deadline for fourteen (14) days. 

1 0. The attorney for the State of Texas, Carty Dessauer, is not opposed to this Motion. 

Respectfully submitted, 

SUMPTER & GONzALEZ, L.L.P. 

206 E. 9th Street, Suite 1511 

Austin, Texas 78701 

Telephone: (512) 381-9955 

Facsimile (512) 48 121 

Kristin Etter 

State Bar No. 24038884 

kristin@sg-llp.com 

APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME 

TO FILE BRIEF- Page 2 

Miguel Pastenes, Appellant v. State ofTexas, Appellee 

Cause No. 13-14-00567-CR 
ATTORNEY FOR APPELLANT 

MIGUEL PASTENES 

CERTIFICATE OF SERVICE 

By signing the above, I, Kristin Etter, certify that on August 31, 2016, a true and correct 

copy of the foregoing Appellant's First Motion for Extension of Time to File Brief was served by 

eFile.TXCourts.gov or certified U.S. mail, return receipt requested and/or email on the following 

counsel of record: 

Williamson County District Attorney's Office 

Carly Dessauer 

405 M.L.K. Street, Suite 265 

Georgetown, TX 78626 

APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME 

TO FILE BRIEF- Page 3 

Miguel Pastenes, Appellant v. State of Texas, Appellee 

Cause No. 13-14-00567-CR