`IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT

IN AND FOR CITRUS COUNTY FLORIDA

STATE OF FLORIDA )
)
Plaintiff/ Appellee )
)
) CASE NO.: 2009-AP-2088
vs. )
)
THERESA M. MARTIN )
)
Defendant/Appellant )

MOTION FOR EXTENSION TO FILE APPELLANT’S BRIEF

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,

2009. In support of the motion, the appellant states:

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-

ently and waiting for a ruling.

3. The Time remaining under Rule 9.110(f) for filing the appellant’s initial brief

is insufficient to ensure an adequate presentation of the appellant’s arguments on

appeal.

4. As required by Rule 9.300(a), this appellant certifies I have notified Joshua

Houston by e-mail pertaining to his or his offices response on my motion for an

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

I HEREBY CERTIFY that a copy of my Motion for Extension of Time to File

Appellant’s Brief will be sent by regular U. S. Mail to the Clerk of Circuit Court,

110 Apopka Avenue, Inverness, Florida 34450. And by regular U. S. Mail to

Joshua Houston of the Citrus County Prosecutors office located at 110 N. Apopka

Avenue, Inverness, Florida on this 30th Day of May 2009.