ACCEPTED 03-15-00334-CR 7584508 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/28/2015 3:51:01 PM JEFFREY D. KYLE CLERK No. 03-15-00334- CR IN THE FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS COURT OF APPEALS 10/28/2015 3:51:01 PM JEFFREY D. KYLE Clerk OF THE THIRD JUDICIAL DISTRICT OF TEXAS -------------------- EX PARTE MOISES MARTINEZ, Appellant vs. STATE OF TEXAS, Appellee -------------------- Appeal from Cause No. 2C11-07750 Bell County Court-at-Law No. Two -------------------- STATE’S SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF -------------------- JAMES NICHOLS BELL COUNTY ATTORNEY by Stephen Morris Assistant County Attorney P.O. Box 1127 Belton, Texas 76513 Tel: (254) 933-5135 Fax: (254) 933-5150 SBN: 14501700 STATE’S SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF

To the Honorable Court of Appeals: Comes now Stephen Morris, Assistant Bell County Attorney, representing the State of Texas and files this Motion to Extend Time to File a Brief in answer, and shows as follows: 1. This is an appeal from denial of an application of a writ of habeas corpus to issue in a criminal case. Appellant’s Brief was filed on August 28,2015.

2. The State’s Brief is due October 28, 2015.

3. The State seeks to extend the time of filing its Brief by seven (7) days. If granted, the extension would require the State’s Brief to be due on or before November 4, 2015.

4. Good cause exists for this extension of time. State’s appellate counsel in addition to being assigned the instant appeal, he has been assigned a full case load including an additional appeal that was filed with this court last week. Additional time is needed to complete the Brief.

5. There has been one extension granted to the State regarding this appeal.

6. This motion is unopposed by Appellant’s counsel.

Wherefore, premises considered, the State respectfully requests that the Court extend the time for filing his Brief up to and including November 4, 2015.

Respectfully submitted, /S/ Stephen Morris ________________________ Stephen Morris Assistant Bell County Attorney Bell County Attorney’s Office P.O. Box 1127 Belton, Texas 76513 (254) 933-5135

Certificate of Conference I hereby certify that I have conferred with counsel for Appellant on October 28, 2015 and counsel does not oppose the above requested extension. Therefore, this motion is submitted as not apposed.

/S/ Stephen Morris _________________________ Stephen Morris

Certificate of Service I hereby certify that a true and correct copy of the foregoing was sent to the person(s) named below, at the address shown by placing the same in a properly addressed envelope, certified, pre-paid, and mailing the document by first class mail on October 28, 2015. /S/ Stephen Morris _________________________ Stephen Morris

Jose Vela III, Esq.

Texas State Bar No. 24048859 E. Huntland Drive, Suite 300 Austin, Texas 78752 (512) 615-3366 (fax) (512) 633-1785 (phone) E-mail: [email protected]