ACCEPTED 04-15-00298-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/28/2015 1:51:08 PM KEITH HOTTLE CLERK NO. 04-15-00298-CR IN THE COURT OF APPEALS FOR THE FILED IN FOURTH DISTRICT OF TEXAS 4th COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 08/28/15 1:51:08 PM KEITH E. HOTTLE Clerk THE STATE OF TEXAS, Appellant v. JOSE ESQUIVEL, Appellee ON APPEAL FROM COUNTY COURT AT LAW NO. 9 BEXAR COUNTY, TEXAS CAUSE NO. 457593 APPELLEEE'S MOTION TO EXTEND TIME TO FILE BRIEF IN REPLY TO THE APPELLANT'S BRIEF

TO THE HONORABLE JUDGES OF SAID COURT: Now comes JOSE ESQUIVEL, Appellee in the above styled and numbered cause, by and through his attorney record, and files this Motion requesting that the Court extend the time for filing the Appellee's Brief.

The State ("Appellant") timely filed its notice of appeal after County Court Number 9 granted Jose Esquivel's Motion to Suppress on May 1, 2015. The Appellant's brief was received on August 30, 2015. A brief in reply to the Appellant's brief is due by Monday, August 31, 2015. This is Appellee's first motion for extension and Appellee request a ten (10) day extension.

This extension is not sought for the purpose of delaying this appeal. Appellee requests an extension for the following reasons: The need for an extension is due to undersigned counsel, a solo practitioner, who, after receiving the Appellant's brief on July 30 th, was called to make for the month of August many more court appearances in his handling of other civil and criminal cases.

As a result, it has taken away from counsel much of the time he needed to reply and timely file Appellee's brief.

WHEREFORE, PREMISES CONSIDERED, Jose Esquivel, Appellee respectfully requests an extension of Ten (10) days, from August 31, 2015 to September 10, 2015, to file Appellee's Brief pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d).

Respectfully submitted,

LAW OFFICE OF JESUS VARGAS Washington Square Building Dolorosa, Suite 102 San Antonio, Texas 78207 Tel: (210) 224-9000 Fax: (210) 224-9999

sus Vargas tate Bar No. 2049 5 Attorney for Jose Esquivel, Appellee

CERTIFICATE OF SERVICE I, Jesus Vargas, hereby certify that on this the 28 th day of August, 2015, a true and correct copy of the above and foregoing motion was served electronically to Laura Durbin, Assistant District Attorney, via Laur .org. e-- Jes s Vargas