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 ofAppeals 3rd District ofTexas at Austin MIGUEL PASTENES, Appellant


### vs. THE STATE OFTEXAS, Appellee
APPELLANT'S SECOND MOTION FOREXTENSION OFTIME TO FILE BRIEF

TO THE HONORABLE THIRD COURT OFAPPEALS: NOW COMES, Miguel Pastenes ("Mr. Pastenes"), by and through his attorney ofrecord, 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 ofPublic Lewdness on July 8, 1998, and was sentenced to 365 days probated for 2 years. 2. Appellant filed timely Notice ofAppeal on February 17, 2016, appealing the denial ofa writ ofhabeas corpus on January 25,2016 3. Thereporter's record and exhibits were filed on August I, 2016. 4. Appellant's briefwas first due on July 18, 2016.

APPELLANT'S SECOND MOTION FOR EXTENSION OFTIME TO FILEBRIEF- Page 1 MiguelPastenes, Appellantv. State of Texas, Appellee Cause No. 13-14-00567-CR

### 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 oftime 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 ofher sick baby which has required her to go to doctor's appointments and to stay athome away from her office. 8. This request for an extension oftime is not made for the purpose ofdelay, but to permit Appellant's counsel to adequately prepare and submit herbriefin this case. 9. Appellant respectfully requests the Court grant Appellant's First Motion for Extension of Timeto File Briefand extend such deadline for fourteen (14) 

### days. 1

0. The attorney for the State ofTexas, 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 FOREXTENSION OFTIME TOFILEBRIEF- Page 2 MiguelPastenes, Appellant v. State ofTexas,Appellee Cause No. 13-14-00567-CR

### ATTORNEY FORAPPELLANT MIGUEL PASTENES

CERTIFICATE OFSERVICE By signing the above, I, Kristin Etter, certify that on August 31, 2016, a true and correct copy ofthe foregoing Appellant's First Motion for Extension ofTime to File Briefwas served by eFile.TXCourts.gov or certified 

### U.S. mail, return receipt requested and/or email on the following counsel ofrecord: Williamson County District Attorney's Office CarlyDessauer 405 M.L.K. Street, Suite265 Georgetown, TX 78626

APPELLANT'S SECOND MOTION FOREXTENSION OFTIME TO FILE BRIEF- Page 3 Miguel Pastenes, Appellant v. State of Texas, Appellee Cause No. 13-14-00567-CR