Artur Sigalavillavicencio v. State ( 2017 )

ACCEPTED
02-17-00244-CR
SECOND COURT OF APPEALS
FORT WORTH, TEXAS
12/20/2017 2:42 PM
DEBRA SPISAK
CLERK
COURT OF APPEALS
ND
2 DISTRICT OF TEXAS
FILED IN
TARRANT COUNTY, TEXAS 2nd COURT OF APPEALS
FORT WORTH, TEXAS
12/20/2017 2:42:47 PM
ARTUR § DEBRA SPISAK
Clerk
SIGALAVILLAVICENCIO §
§
§
v. § No. 02-17-00244-CR
§
§
THE STATE OF TEXAS §
_____________________________________________________________
SECOND MOTION TO EXTEND TIME TO FILE APPELLANT’S
BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COMES ARTUR SIGALAVILLAVICENCIO, Appellant in the above-
styled and numbered cause, by and through his attorney, Mike Berger, and moves
this Court to grant an extension of time to file appellant’s brief, pursuant to Rule
10.5(b) of the Texas Rules of Appellate Procedure, and for good cause shows the
following:
I.
This case is on appeal from Criminal District Court Number Four, Tarrant
County, Texas. Appellant is serving a 50 year sentence in TDC.
Sigallavillavicencio v. State/Motion to Extend Deadline to File Brief Page 1
II.
The case below was styled “The State of Texas v. Artur Sigalavillavicencio”,
Cause Number 1451344D.
III.
Final Judgment was entered on July 18th, 2017.
IV.
Notice of Appeal was filed with the court on August 2nd, 2017.
V.
The Reporter’s record was filed on September 22nd, 2017.
VI.
The appellate brief is due on December 22nd, 2017.
VII.
One 60 day extension of time to file Appellant’s brief has been requested in
this case.
VIII.
Appellant rely on the following facts as good cause for the requested
extension: Appellant requests an extension of time of seven (7) days from the present
deadline of December 22nd, 2017, to file his brief and for good cause would show
Sigallavillavicencio v. State/Motion to Extend Deadline to File Brief Page 2
that his counsel, Mike Berger was and is involved in multiple hearings during the
month of December 2017. In addition, the case has presented a complex and difficult
constitutional point of error which is requiring some additional time to complete.
IX.
Because of the reasons stated above, Appellant requests additional time to
prepare his brief.
X.
Mike Berger was appointed on this appeal on July 14th, 2017.
Based on these facts, Appellant requests that the due date of this appeal, which
is currently December 22nd, 2017, be extended for seven (7) days to December 29th,
2017.
WHEREFORE PREMISES CONSIDERED, Appellant prays that this Court
grant this Motion to Extend Time to File Appellant’s Brief, and for such other and
further relief as the Court may deem appropriate.
/s/ Mike Berger
michaelidf@aol.com
933 Weatherford #200
Fort Worth, Texas 76102
817/338-1500
817/338-1505 (fax)
SBOT # 02191900
Sigallavillavicencio v. State/Motion to Extend Deadline to File Brief Page 3
Attorney for Artur Sigalavillavicencio
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was
forwarded to all counsel of record via e-serve on the 20th day of December 2017.
/s/ Mike Berger
CERTIFICATE OF CONFERENCE
On December 20th, 2017, Appellant’s attorney, Mike Berger spoke with a
representative of the Tarrant County Appellate Section who stated that the D.A.’s
office is not opposed to this motion.
/s/ Mike Berger
Sigallavillavicencio v. State/Motion to Extend Deadline to File Brief Page 4
AF IDAVIT
§ § §
Pa8e5