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Cc-Motion For Extension To File Brief
Cc-Motion For Extension To File Brief
STATE OF FLORIDA )
)
Plaintiff/ Appellee )
)
) CASE NO.: 2009-AP-2088
vs. )
)
THERESA M. MARTIN )
)
Defendant/Appellant )
The appellant respectfully moves the court for an order extending the time to file
the appellant’s initial brief for a period of twenty days to and include July 22,
1. The appellant’s initial brief is presently due to be filed no later than July 2,
2009.
2. This appellant has filed numerous posttrial motions in the trial court and the
court has denied every motion except motion for indigency. The particular motion
that has delayed filing of appellant’s appellate brief is my motion requesting two
hearing transcripts. These two transcripts are vital in proving clearly and undeni-
able one of my appeal points on ineffective assistance of counsel. I filed the motion
for transcript of hearings on May 1, 2009 and the court denied the motion on May
12, 2009. A motion to review the lower court’s denial for my request for the pre-
trial hearing transcript on January 26, 2009 and the scheduled trial that resulted in a
no contest plea agreement entered on March 16, 2009 are before this court pres-
3. The Time remaining under Rule 9.110(f) for filing the appellant’s initial brief
appeal.
extension of time to file my brief. I faxed the e-mail to the State on May 26, 2009
as shown by (Ex. “A”). Additionally I have included the fax confirmation to verify
to this court that the State was notified according to the aforesaid Rule with plenty
of time to respond back to me with their answer as attached (Ex. “B”). I have not
received any type of response from Mr. Houston or the State Attorney’s Office as
of mailing this motion on Saturday May 30, 2009. I have no opinion one way or
the other to whether the State would oppose or unopposed this request for exten-
sion.
WHEREFORE, the appellant respectfully moves for an extension to file the appel-
lant’s Initial Brief for twenty days and including July 22, 2009. The appellant’s
Initial brief will be considered late if filed after July 22, 2009 and subject to dis-
missal.
2
CERTIFICATE OF SERVICE
Appellant’s Brief will be sent by regular U. S. Mail to the Clerk of Circuit Court,
Joshua Houston of the Citrus County Prosecutors office located at 110 N. Apopka