ACCEPTED

03-15-00210-CR

6028304

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/13/2015 12:00:00 AM

JEFFREY D. KYLE

CLERK

NO. 03-15-00210-CR 

DANIEL UV ALLE § 

§ 

§ 

§ 

§ 

IN THE COURT OF APPEALS 

vs. OF THE 

THE STATE OF TEXAS THIRD JUDICIAL DISTRICT 

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF 

TO THE HONORABLE JUSTICES OF SAID COURT: 

NOW COMES, Daniel Uvalle, Appellant in the above styled and numbered 

cause, and moves this Court to grant an extension of time to file Appellant's Brief, 

pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure, and for good 

cause shows the following: 

1. This case is on appeal from the 51st Judicial District Court of Tom 

Green County, Texas. 

2. The case below was styled The State of Texas vs. Daniel Uvalle and 

was numbered A-13-1053-SA. 

3. Appellant was convicted of the offense of capital murder of multiple 

persons, a capital felony. 

4. Appellant was assessed a senten_ce of life imprisonment in the Texas 

Department of Criminal Justice Institutional Division. 

5. A "Motion for New Trial" was filed on March 18, 2015. 

6. A "Notice of Appeal" was filed on April 6, 2015. 

7. The Reporter's Record was filed on June 19, 2015 and Volume Two 

Exhibits- State's Exhibits 1 & 2 (video) were filed on June 22, 2015. 

8. The Clerk's Record was filed on June 18, 2015. 

9. The Appellate Brief is presently due on July 27, 2015. 

JES:2572:7.9.15:c:/Criminal/ Appeals/Extensions-Motion to Extend Time lo File App. Btief.D.Uvalle 

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/13/2015 12:00:00 AM JEFFREY D. KYLE Clerk
10. Appellant requests an extension of time of 60 days from the date of 

July 27, 2015. 

11. No extension to file the briefhas been received in this cause. 

12. Defendant is cunently incarcerated. 

13. Appellant relies on the following facts as good cause for the requested 

extension: 

a. The attorney for Appellant was not the attorney at trial. 

Counsel was appointed to represent the Appellant on appeal. 

b. Since Counsel was not trial counsel, Counsel began this appeal 

process with no familiarity of the proceedings that took place at 

any of the pre-trial hearings or the trial. This appeal is of a 

capital murder case where the death penalty was waived, 

therefore Counsel's review of the record will take an extended 

amount of time to review. Counsel received a copy of the 

Repmier' s Record on June 19, 2015 with the exception of 

Reporter's Volume Two Exhibits- State's Exhibits 1 & 2 

(video) which were received on June 22, 2015. Counsel 

received a copy of the Clerk's Record on June 22, 2015. 

c. Counsel has court settings and other business already existing at 

the time of Counsel's receipt of both the Clerk and Reporter's 

Records which will make it difficult for Counsel to have 

sufficient time since the filing of the records to complete his 

evaluation of possible enors and grounds for appeal. 

c. Counsel has only one other attorney in his office and has only 

one staff member. 

d. In addition, Counsel has pre-existing travel plans for a ten-day 

period in which he will be out of the country. 

JES:2572:7.9.15:c:/Ciiminal/Appeals/Extensions-Motion to Extend Time to File App. Biief.D.Uvalle 
e. Counsel requests an extension of sixty days in order to 

have adequate time to complete the evaluation of the record for 

the preparation and filing of Appellant's Brief. 

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this 

Court grant this Motion to Extend Time to File Appellant's Brief, and for such 

other and further relief as the Court may deem appropriate. 

Respectfully submitted, 

SUTTON LAW OFFICE 

P. 0. Box 871 

San Angelo, Texas 76902-0871 

Telephone: 325-482-8470 

Facsimile: 325-482-9474 

E-Mail: jsuttlaw@wcc.net 

,<1:,~ ~ 

~J.E. Sutton 

State Bar Number: 19531500 

Attorney for Appellant 

CERTIFICATE OF SERVICE 

This is to certify that on July 9, 2015 a true and conect copy of the above 

and foregoing document was served on Ms. Allison Palmer, 51st District Atton1ey, 

and Ms. Meagan White, Assistant District Attorney, 124 West Beauregard, San 

Angelo, Texas 76903. 

Jo~E. Sutton 

Attorney for Appellant 

JES:2572:7.9.15:c:/Criminal/Appeals/Extensions-Motion to Extend Time to File App. Brief.D.Uvalle 
STATEOFTEXAS § 

§ 

COUNTY OF TOM GREEN § 

AFFIDAVIT 

Before me, the undersigned authority, on this day personally appeared Jolm 

E. Sutton, who, after being duly swon1, stated: 

"I am the attorney for the Appellant in the above-numbered and entitled 

cause. I have read the foregoing Motion to Extend Time to File Appellant's Brief 

and swear that all of the allegations of fact contained therein are tn1e and correct." 

{)~ Subscribed and sworn to before me on this f- day of July, 2015, to --"----

certify which witness my hand and seal of office. 

,,,,..:_:.¥.\'rt:;_-,,_ DEBBIE WALL f(,:,A;:::-"% Notary Public, State of .Texas 

\~_.~/..,§ My Commission Expires 

"'··i:.{,r,!~~~..:- Augusl ~?_,2015 

Notary Public, State of Texas 

JES:2572:7.9.15:c:/Criminal/Appeals/Extensions-Motion to Extend Time to File App. Brie[D.Uvalle 
Sutton Law Office

John E. Sutton Attorneys and Mediators Judy Harris Sutton 

 exà|Üxw W|áàÜ|và ]âwzx by VÉâÇáxÄ

 

 Office Location: Telephone: Mailing Address: 

 117 South Irving 325-482-8470 P. O. Box 871 

San Angelo, Texas 76903 Facsimile: 325-482-9474 San Angelo, Texas 76902 

July 9, 2015 

Sent by e-FileTXCourts.gov

Mr. Jeffery D. Kyle 

Clerk of the Third Court of Appeals 

P. O. Box 12547 

Austin, Texas 78711-2547 

Re: Motion to Extend Time to File Appellant’s Brief 

Court of Appeals Cause Number: 03-15-00210-CR 

Trial Court Cause Number: A-13-1053-SA; The State of Texas vs. Daniel 

Uvalle; in the 51st Judicial District Court of Tom Green County, Texas 

 Our File Number: 2572 

Dear Mr. Kyle: 

Attached is the original “Motion to Extend Time to File Appellant’s Brief” for 

filing in this cause. 

Yours truly, 

/s/ John E. Sutton 

Attorney at Law 

Attachment 

cc: w/enclosure 

 Ms. Allison Palmer 

 51st District Attorney 

 Ms. Meagan White 

 Assistant District Attorney 

 Mr. Daniel Uvalle