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 UVALLE § § § § § 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 oftime to file Appellant's Brief, pursuant to Rule 38.6 ofthe Texas Rules ofAppellate Procedure, and for good
cause shows the following: 1. This case is on appeal from the 51st Judicial District Court ofTom 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 ofthe offense ofcapital murder ofmultiple persons, a capital felony. 4. Appellant was assessed a senten_ce oflife imprisonment in the Texas Department ofCriminal Justice Institutional Division. 5. A "Motion for New Trial" was filed on March 18, 2015. 6. A "Notice ofAppeal" 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 Briefis presently due on July 27, 2015.

JES:2572:7.9.15:c:/Criminal/Appeals/Extensions-Motion to Extend Time lo File App. Btief.D.Uvalle10. Appellant requests an extension oftime 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 ofthe proceedings that took place at any ofthe pre-trial hearings or the trial. This appeal is of a capital murder case where the death penalty was waived, therefore Counsel's review ofthe record will take an extended amount oftime to review. Counsel received a copy ofthe 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 ofthe Clerk's Record on June 22, 2015.
c. Counsel has court settings and other business already existing at the time ofCounsel's receipt ofboth the Clerk and Reporter's Records which will make it difficult for Counsel to have sufficient time since the filing ofthe records to complete his evaluation ofpossible enors and grounds for appeal.
c. Counsel has only one other attorney in his office and has only
one staffmember. d. In addition, Counsel has pre-existing travel plans for a ten-day period in which he will be out ofthe country.

JES:2572:7.9.15:c:/Ciiminal/Appeals/Extensions-Motion to Extend Time to File App. Biief.D.Uvallee. Counsel requests an extension of sixty days in order to have adequate time to complete the evaluation ofthe record for the preparation and filing ofAppellant'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 ofthe 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.UvalleSTATEOFTEXAS 

### § § 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 ofthe allegations offact contained therein are tn1e and correct."**{)~** Subscribed and sworn to before me on this 

# f- day ofJuly, 2015, to --"---- certify which witness my hand and seal ofoffice.

,,,,..:_:.¥.\'rt:;_-,,_ DEBBIE WALL f(,:,A;:::-"% Notary Public, State of .Texas**\~_.~/..,§** My Commission Expires**"'··i:.{,r,!~~~..:-** Augusl**~?_,2015** Notary Public, State ofTexas

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 toFile 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 51 st

### 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 51 st

### District Attorney Ms. Meagan White Assistant District Attorney Mr. Daniel Uvalle