Pacheco v. State Page 1 of 4

Motion for Leave to File Late Brief

NO. 03-14-00676-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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/27/2015 8:50:13 PM JEFFREY D. KYLE Clerk
Pacheco 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, files 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. Appellant's brief was due on July 20, 2015. 

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

months 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 Appellant
Pacheco v. State Page 4 of 4

Motion for Leave to File Late Brief

CERTIFICATE OF SERVICE

In compliance with TEX. R. APP. PROC. 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 electronic 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 424th

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

motion.

/s/ Gary Prust 

Gary E. Prust

CERTIFICATE OF COMPLIANCE

Pursuant to TEX. R. APP. PROC. 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