Appellate Materials: XXXXX

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                      FREDERICK A. HURST, ESQ.
                             Bar No.     133248
                      State
                      P.0. Box 620362
                                                                                                               [I   L      E
                      Las Vegas, Nevada 89162
                                                                                                              0U    2  0  2021
                      Telephone: (818) 400-089]
                      Fax: (702) 221-3306
                      E-mail:    fiedhurst@aol.com                                                         Y—‘Wfiu
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                      Attorney     for Appellant, Desmes Casanova Martinez




                                                  SUPERIOR COURT 0F CALIFORNIA

                                                            COUNTY OF FRESNO
                                                           APPELLATE DIVISION



                      THE PEOPLE 0F THE STATE OF                                     )Case No. 0002983
                      CALIFORNIA,                                                    )

                                                                                     ) (Trial  Court Case No.
                               Plaintifi' and Respondent,                             ) M209l9773)
                                                                                     )

                                                 v.                                  ) APPLICATION FOR AN
                                                                                     ) ORDER ALLOWING
                      DESMES CASANOVA MARTINEZ,                                      ) APPELLATE DIVISION T0
                                                                                     ) CONSIDER EXHIBIT
                               Defendant and Appellant.                              ) ON APPEAL;
                                                                                     ) APPLICATION FOR AN
                                                                                     )EXTENSION OF TIME TO
                                                                                     ) FILE APPELLANT’S

                                                                                     ) OPENING BRIEF;

                                                                                     ) DECLARATION OF

                                                                                     ) FREDERICK A. HURST;

                                                                                     ) ORDER
                                                                                     )



                               Appellant,    Desmes Casanova Martinez, requests that this Court grant his
                      application for an order allowing the Appellate Division to consider Defendant’s


                      Exhibit   A 0n this appeal, to wit, the videotape on Fresno Police oflicer, Craig

                      Howard’s, person.


                               Appellant     fimher requests that this Court grant appellant’s               application    for


                      an extension of time to file Appellant’s Opening Brief.                   Appellant’s Opening


                      Brief,  which    is currently due     on November        4, 202 l  ,
                                                                                          will  now be due thirty       days


                      afier   this  Court has ruled on appellant’s Application for an Order Allowing


                      Appellate Division t0 Consider Exhibit on Appeal.


                      DATED:        /y’/dz..)_7


                                                                                              Fred'        A       rst
                                             DECLARATION             OF   FREDERICK A.           HURST

                               I, FREDERICK A.           HURST,      declare:


                       l. I am an    attorney    at law duly    licensed to practice before        all courts of the State 0f


                      California      I have personal knowledge 0f the            facts  set forth herein and,      if called



                      upon   t0 testify   and placed under oath,        I couId competently testify thereto.


                      2.  I am the attorney      of record for Appellant,        Desmes Casanova Martinez,             in


                      connection with his appeal of the           tn'al coun’s ruling denying his motion to


                      suppress evidence pursuant to Penal             Code    section   1538.5,    Fresno   County    Superior


                      Court Case No.       M20919773.

                      3.  I intend t0 argue on      appeal that the     trial court erred    when    it denied appellant’s


                      motion to suppress evidence.           In order t0 argue      this  issue eflectively,      Iwill  need to


                      refer to Defendant’s Exhibit          A, t0  wit,  the videotape     on Fresno Police officer,

                      Craig Howard’s, person.           The videotape was played before the             trial  court at the


                      hearing on the motion t0 suppress.             Itportrays Officer Howard’s interaction and


                      communication with appellant afier              Oficer Howard performed a tmffic                 stop 0n


                       appellant and arrested       him   for suspected driving       under the influence of marijuana.

                      Defendant’s Exhibit        A is referred to on CT “14.          Exhibit record filed 07/29/2021”


                      and   CT “l6 Minute Order dated 07/29/2021.”                 Therefore,     I request that this     Court


                      grant appellant’s Application for an           Order Allowing Appellate Division t0

                      Consider Exhibit 0n Appeal.


                      4.  I further request that this Court grant appellant’s Application                 for an Extension


                       0f Time t0    File Appellant’s      Opening     Brief.   Appellant’s     Opening     Brief,  which    is



                                                                            3
                      currently    due 0n November 4, 2021, will now be due                 thirty  days afier this Court


                      has ruled on appellant’s Application            for an Order Allowing Appellate Division to


                      Consider Exhibit on Appeal.


                               I declare under penalty        of peljury that the foregoing         istrue  and   correct.


                               Executed 0n October          18, 202]   .




                                                                                              Fre   erick A.      urst