Summary
This document is an appellant’s second motion to extend the deadline for filing an appellate brief in a Texas criminal appeal. Counsel requests a 15-day extension, citing an error involving the State’s trial exhibit in the appellate record and the need to investigate and obtain the correct exhibit.
Topics
Practice areas
Questions Presented
- Whether Appellant should receive a 15-day extension of time to file her opening brief because of a discrepancy in the appellate record concerning State's Exhibits 70 and 71.
Factual background
The motion states that State's Exhibit 70 in the appellate record was not the recording admitted at trial. According to the motion, the recording in the record was State's Exhibit 71, which had been suppressed by the trial court, while the district clerk possessed the correct State's Exhibit 70. Appellant's counsel sought additional time to investigate the discrepancy with the State and prepare the opening brief.
Procedural history
The appeal arose from the 433rd District Court of Comal County, Texas, under trial court cause number CR2014-091. The document is Appellant's Second Motion to Extend Time to File Appellant's Brief; it states that the brief was due November 24, 2015, and requests a new deadline of December 9, 2015. The provided text contains no ruling on the motion.