Pacheco v. State Page 1 of 4

Motion for Leave to File Late Brief NO. 03

- 14

- 00 676

- CR

IN THE COURT OF APPEALS

FOR THE

THIRD SUPREME JUDICIAL DISTRICT

AT AUSTIN, TEXAS

ANGELITA RODRIGUEZ PACHECO

, Appellant

vs.

THE STATE OF TEXAS,

Appellee

Appeal from the 424th Judicial District Court

Cause No. 41988

Burnet County, Texas

The Honorable Dan Mills , Judge Presiding

APPELLANT’S BRIEF

Gary E. Prust

State Bar No. 24056166

1607 Nueces Street

Austin, Texas 78701

(512) 469

- 0092

Fax: (512) 469

- 9102

gary@prustlaw.com

ATTORNEY FOR APPELLANT ACCEPTED

03-14-00676-CR

6244413

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/27/2015 8:50:13 PM

JEFFREY D. KYLE

CLERKPacheco v. State Page 2 of 4

Motion for Leave to File Late Brief ORAL ARGUMENT IS NOT REQUESTED

APPELLANT ’ S MOTION FOR LEAVE TO FILE LATE BRIEF

Appellant

, by and through her attorney, Gary Prust , file s this, his “Motion

for Leave to File Late Brief ,” and in support thereof shows as follows.

I.

1. Appellant's Motion is brought pursuant to TEX.R.APP.P 10.5(b). This

motion is filed in conjunction with the filing of Appellant’s brief.

2. Appellant has requested previously three times in which to file his brief.

3. Appel l ant's brief was due on July 2 0 , 2015

.

4. Appellant's attorney had a very busy trial and appellate schedule du ring the

month s of June and July 2015. The father of appellant’s attorney also passed away

in the month of June 2015

, and he had to attend to those matters

. This brief is

completed and is the third brief appellant ’ s attorney has authored this month.

5. In order to address the issues raised in the present appeal thoroughly,

Appellant’s attorney required an additional week beyond the due date for filing his

brief

.

6. Accordingly, Appellants request that this Court grant him leave to file this

brief, one week past the most recent submission date

.Pacheco v. State Page 3 of 4

Motion for Leave to File Late Brief Respectfully submitted,

/s/ Gary E. Prust

Gary E. Prust

SBN 24056166

1607 Nueces Street

Austin, Texas 78701

(512) 469

- 0092

Fax: (512) 469

- 9102

gary@prustlaw.com

Attorney for AppellantPacheco v. State Page 4 of 4

Motion for Leave to File Late Brief CERTIFICATE OF SERVICE

In compliance with T EX

. R. A PP

. P ROC . 9.5(b)(1), (d), and (e) the

undersigned attorney certifies that a true and correct copy of the foregoing Brief

was served at or before the time of its filing upon Mr. Gary Bunyard and on Mr.

Blake Ewing, through electr onic via the electronic filing manager through

efile.txcourts.gov on the 27th day of July, 2015

.

/s/ Gary Prust

Gary E. Prust

CERTIFICATE OF CONFERENCE

In compliance with Rule 10.1(a)(5) of the Texas Rules of Appellate

Procedure, the undersigned attorney certifies he conferred with the 33rd and 424 th

Dist rict Attorney ’ s Office via email communication concerning the merits of this

motion.

/s/ Gary Prust

Gary E. Prust

CERTIFICATE OF COMPLIANCE

Pursuant to T EX

. R. A PP

. P ROC . 9.4(i)(3), I hereby certify this brief contains

182 words. This is a computer

- generated document created in Microsoft word,

using 14

- point typeface. In making this this certificate, I rely on the word county

provided by the software use to prepare the document.

/s/ Gary Prust

Gary E. Prust