ACCEPTED

03-14-00588-CR

4335154

THIRD COURT OF APPEALS

AUSTIN, TEXAS

3/2/2015 2:52:23 PM

JEFFREY D. KYLE CAUSE NO. 03-14-00588-CR CLERK

· INTHE 

COURT OF APPEALS 

THIRD DISTRICT OF TEXAS 

AUSTIN, TEXAS 

STATE OF TEXAS 

vs. 

HECTOR MARTINEZ 

§ 

§ 

§ 

APPELLANT 

APPELLEE 

APPEAL FROM THE 427th JUDICIAL DISTRICT COURT 

TRAVIS COUNTY, TEXAS 

CAUSE NO. D-1-DC-13-900228 

1

APPELLE'S SECOND MOTION FOR EXTENTION OF TIME 

\ 

TO THE HONORABLE COURT OF APPEALS: 

Comes Now, Hector Martinez, Appellee in the above-styled cause, 

and respectfully moves for a deadline for filing the Appellee's brief, and in 

accordance with the Texas Rules of Appellate Procedure 38.6 and 10.5(b), 

advises the Court as follows: 

a) The Defendant filed a Motion to Suppress Evidence on August 1, 

2014. The Trial Court filed an Order granting the Motion to Suppres 

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 3/2/2015 2:52:23 PM JEFFREY D. KYLE Clerk
Evidence on September 9, 2014. The State timely filed notice of 

appeal in the above cause on September 11, 2014. The reporter's 

record was filed on September 22, 2014. The clerk's record was filed 

on October 8th 2014. 

b) The Defendant's brief is currently due on March 2, 2015. 

c) This request is that the deadline for filing the Appellee's brief be 

extended by 30 days. 

d) This is the Appellee's first request for an extension. 

e) The Appellee relies upon the following facts to reasonably explain the 

need for an extension of the deadline. 

1) Appellee's counsel maintains an active civil and criminal law 

practice in Travis, Caldwell, Hays, Williamson, and Hidalgo 

Counties. Since the filing of the State's notice of appeal and 

State's brief Appellee's counsel has been responsible for the 

maintenance of multiple cases spanning Central and South 

Texas. 

2) Further, the state raised the issue of exigent circumstances in 

the State's brief. This issue was previously discussed as a nonissue between the State's attorney and Appellee's attorney. 
3) This issue now being raised requires additional research for 

Appellee's counseL 

4) Appellee's counsel contracted co-counsel to assist m the 

drafting of Appellee's brief. 

5) Appellee's counsel requests this last and final extension. 

WHEREFORE, Hector Martinez, Appellee, respectfully requests the Court 

extend the deadline for filing Appellee's brief to April 1st, 2014. 

Respectfully submitted, 

702 Rio Grande Street 

Austin, Texas 78701 

512.897.3325 

Fax No. 512.501.6307 

De ~vina law gmail. com 

www .delavinalaw.com 
CERTIFICATE OF COMPLIANCE 

Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify, 

based upon the computer program used to generate this motion this motion 

contains 282 words, excluding words contained in those parts of the motion 

that Rule 9.4(i) exempts from inclusion in the word count. I certify, further, 

that this motion is printed in a conventional, 14-point typeface. 

CERTIFICATE OF SERVICE 

I hereby certify that, on the 2nd day of March, 2015, a true and correct 

copy of this motion was served by electronic mail, and electronically 

through the eelectronic filing manager, to the Appellant's attorney, Angie 

Creasy, at angie.creasy@traviscountytx.gov, and 

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