Jamie Petronella v. State

ACCEPTED 03-16-00483-CR 12960151 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/28/2016 4:41:53 PM JEFFREY D. KYLE CLERK NO. 03-16-00483-CR

IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS FOR THE 9/28/2016 4:41:53 PM JEFFREY D. KYLE THIRD SUPREME JUDICIAL DISTRICT Clerk

AT AUSTIN, TEXAS

JAMIE PETRONELLA,

Appellant vs.

THE STATE OF TEXAS,

Appellee

Appeal from the 33rd Judicial District Court

Cause No. CR01362

Blanco County, Texas

The Honorable J. Allan Garrett, Judge Presiding

APPELLANT'S FIRST MOTION FOR EXTENSION OF TIME

Gary E. Prust

State Bar No. 24056166 1607 Nueces Street Austin, Texas 78701 (512) 469-0092

Fax: (512) 469-9102 [email protected]

ATTORNEY FOR APPELLANT ORAL ARGUMENT IS NOT REQUESTED APPELLANT’S REQUEST FOR EXTENSION OF TIME TO FILE BRIEF

Appellant, Jamie Petronella, by and through her counsel, files this request for extension of time, and in support thereof shows as follows.

I.

1. Appellant's Motion is brought pursuant to TEX.R.APP.P 10.5(b).

2. Appellant has not previously requested an extension of time in which to file her brief.

3. Appellant's brief was due on September 21, 2016.

4. Appellant's attorney was also scheduled for numerous jury trial settings and numerous appellate deadlines in August and into the month of September.

5. Appellant’s court appointed counsel has a vacation scheduled where he will be out of the country from October 9, 2016 through October 22, 2016.

6. In order to address the issues raised in the present appeal thoroughly, Appellant's attorney will require more time to complete his brief. Appellant’s attorney will require until November 21, 2016 to complete his brief.

7. Accordingly, Appellants request that this Court allow him until November 21, 2016 to file his brief.

Respectfully submitted,

Gary E. Prust

SBN 24056166

1607 Nueces Street

Austin, Texas 78701 (512) 469-0092

Fax: (512) 469-9102 [email protected]

Attorney for Appellant CERTIFICATE OF SERVICE

In compliance with Rule 9.5(d) of the Texas Rules of Appellate Procedure, the undersigned attorney certifies that a true and correct copy of the foregoing Motion was served upon the Blanco County Attorney via electronic transmission, in accordance Rule 9.5(b) of the Texas Rules of Appellate Procedure on this the 28th day of September, 2016.

Gary E. Prust

CERTIFICATE OF COMPLIANCE

Pursuant to TEX. R. APP. PROC. 9.4(i)(3), I hereby certify this motion contains 157 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 count provided by the software use to prepare the document.

Gary E. Prust