ACCEPTED 04-15-00640-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/22/2015 5:13:36 PM KEITH HOTTLE CLERK CAUSE NO. 04-15-00640-CR EDUARDO REYES, § IN THE COURT OF APPEALS FILED IN 4th COURT OF APPEALS Appellant § SAN ANTONIO, TEXAS VS. § IN SAN ANTONIO, TEXAS 12/22/15 5:13:36 PM § KEITH E. HOTTLE THE STATE OF TEXAS, § th Clerk JUDICIAL DISTRICT Appellee MOTION FOR EXTENSIONOF TIME TO FILE APPELLANT'S BRIEF TO THE HONORABLE JUDGES OF SAID COURT: COMES NOW, EDUARDO REYES, Appellant, and files this Motion for Extension of Time to File Appellant's Brief, pursuant to Rules 10.5(b) and 38.6(d), Texas Rules of Appellate Procedure. In support of this Motion, Appellant would show the following: I.

Appellant’s brief is due to be filed on December 21, 2015. Counsel for Appellant requires an extension of thirty (30) days within which to complete and file Appellant’s brief in this cause. This is Appellant’s first request for extension of time.

II.

Counsel for Appellant has worked diligently on the brief since receiving the record, but has been unable to complete it for the following reasons: 1. Counsel for Appellant had numerous, previously set, pretrial and trial settings in the county and district criminal courts of Bexar County, Texas, and in the United States District Court, Western District of Texas — San Antonio Division.

III.

This request is not made for the purpose of delay, but rather this request is made to allow counsel adequate time to prepare Appellant’s Brief. Appellant moves this Court for an order granting an extension of thirty (30) days, or until January 21, 2016, for Appellant to submit the brief in this case.

WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court for an order granting an extension of thirty (30) days for Appellant to submit the brief in this case.

Respectfully submitted, Robert F. Gebbia Law Offices of William T. Reece, Jr. Woodward Place SAN ANTONIO, TX 78204 Tel: (210) 225-7555 Fax: (210) 226-3596 By: /s/ Robert F. Gebbia State Bar No. 24054162 [email protected] Attorney for Appellant CERTIFICATE OF COMPLIANCE Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the undersigned counsel of record certifies that the motion contains 503 words.

/s/ Robert F. Gebbia CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing Motion for Extension of Time to File Appellant's Brief was delivered via email to the Bexar County District Attorney's Office, Appellate Division, 101 W. Nueva, 4th Floor, San Antonio, Texas 78205, to: [email protected] on this the 21st day of December, 2015.

/s/ Robert F. Gebbia CAUSE NO. 04-15-00640-CR EDUARDO REYES, § IN THE COURT OF APPEALS Appellant § VS. § IN SAN ANTONIO, TEXAS § th THE STATE OF TEXAS, § 4 JUDICIAL DISTRICT Appellee ORDER On this the _____ day of , 2015 , came on to be heard the Appellant's Motion for Extension of Time to File Appellant's Brief and the Court is of the opinion that this Motion should be: GRANTED, and the deadline for filing the Appellant's brief in Cause No. 04- 15-00640-CR is extended to , 2016.

DENIED, to which action of the Court the Appellant objects.

SIGNED this the day of , 2015.

JUDGE PRESIDING