Kevin Wimes v. State ( 2015 )

ACCEPTED
01-14-00824-cr
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/6/2015 2:04:33 PM
CHRISTOPHER PRINE
CLERK
NO. 01-14-00824-CR
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
5/6/2015 2:04:33 PM
CHRISTOPHER A. PRINE
Clerk
IN THE COURT OF APPEALS
OF TEXAS
FIRST SUPREME JUDICIAL DISTRICT
KEVIN WIMES, APPELLANT
VS.
STATE OF TEXAS, APPELLEE
MOTION FOR EXTENSION OF TIME
WITHIN WHICH TO FILE APPELLANT’S BRIEF
TERRENCE GAISER
LAWYER FOR APPELLANT
2900 SMITH STREET, # 220
HOUSTON, TEXAS 77006
SBOT# 07572500
713/ 225-0666
tagaiser@aol.com
NO. 1431168
STATE OF TEXAS § IN THE DISTRICT COURT
§
VS. § HARRIS COUNTY,TEXAS
§
KEVIN WIMES § 339TH JUDICIAL DISTRICT
MOTION FOR EXTENSION OF TIME
WITHIN WHICH TO FILE APPELLANT’S BRIEF
NOW COMES KEVIN WIMES, appellant in the above-captioned
cause, by and through his attorney, TERRENCE GAISER, and files his
Motion for Extension of time within which to file Appellant’s Brief; for
which he would show:
1) This is an appeal from a conviction for the offense of aggravated sexual
assault of a child. Punishment was assessed at forty years confinement.
Notice of appeal was timely filed.
2) This is the second extension of time. The brief was due April 20, 2015.
3) Appellant would request an extension of time to file the brief to and
including the 11th day of May, 2015.
4) For good cause counsel for the appellant would show that he has not had
time to complete the brief in this cause for the following reasons:
a) When counsel was appointed in this case, on January 26, 2015,
counsel was not informed that this appeal had been abated, and the
record had already been filed. Counsel assumed this appeal would
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follow the normal course of events and the record would be filed at a
future date. It was two weeks later, through the order of this court,
that counsel learned the brief was already late. The record in this case
is in excess of 800 pages
b) Counsel has been in the criminal courts of the State of Texas in
Harris County, Texas, and surrounding counties on a daily basis since
the inception of this appeal as follows:
03/18//15 232nd District Court State v. Nixon Agg. Robb.
03/18/15 351st District Court State v. Ruiz Identity Fraud
03/19/15 County Court 1 [Galv.] State v. Muscovalley PCS
3/20/15 County Court 6 State v. Munguia Theft
3/20/15 337th District Court State v. Crockett Theft
3/20/15 179th Dictrict Court State v. Patrick Online Solicit.
3/24/15 County Court 3 State v. Stegall PCS
3/24/15 178th District Court State v. Tolan Ag. Sx. Asslt. Ch.
3/25/15 263rd District Court State v. Morris Ag. Robb.
3/25/15 176th District Court State v. McDaniel Retaliation
3/26/15 262nd District Court State v. Garcia Ag Asslt. Pub. Ser.
3/26/15 351st District Court State v. Haywood Ag. Sx. Asslt. Ch.
3/26/15 179th District Court State v. Roberts PCS
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3/31/15 177th District Court State v. Lee Arson
3/31/15 County Court 10 State v. Frazier Assault
4/1/15 178th District Court State v. Rodriguez Capital Murder
4/1/15 351st District Court State v. Robinson PCS
4/2/15 232nd District Court State v. Muscovalley Evading MV
4/2/15 178th District Court State v. Denkins Capital Murder
4/3/15 263rd District Court State v. Lyons Agg. Robb.
4/7/15 248th District Court State v. Mendez Sex. Asslt. Ch.
4/7/15 178th District Court State v. Tolan Agg. Sx. Asslt. Ch
4/8/15 351st District Court State v. Casiano PCS
4/9/15 County Court 1 State v. Underwood Theft
4/9/15 177th District Court State v. McKnight Theft
4/10/15 230th District Court State v. Jackson PCS
4/14/15 228th District Court State v. Amaya Tampering
4/14/15 County Court 7 State v. Branch CAW
4/14/15 179th District Court State v. Gomez DWI
4/15/15 176th District Court State v. Cooper Eng. Org. Cr.
4/15/15 351st District Court State v. Batts PCS
4/15/15 232nd District Court State v. Nixon Agg. Robb.
4/17/15 351st District Court State v. Ruiz ID Fraud
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4/17/15 351st District Court State v. Delmar Agg. Asslt.
4/21/15 262nd District Court State v. Rose Cont.Sx.Aslt.Ch.
4/21/15 339th District Court State v. Tornes ID Fraud
4/22/15 County Court 6 State v. Reyes Assault
4/22/15 337th District Court State v. Crockett Theft
4/23/15 179th District Court State v. Nagel Agg. Robb.
4/23 /15 179th District Court State v. Rhine Agg. Robb.
4/23/15 179th District Court State v. Moody PCS
4/23/15 179th District Court State v. Omustafa Agg. Asslt.
4/24/15 177th District Court State v. Magee Capital Murder
4/27/15 228th District Court State v. Mason Capital Murder
4/29/15 230th District Court State v. Seymour PCS
4/29/15 230th District Court State v. Norris Assault
4/30/15 179th District Court State v. Gomez MRP/DWI
5/1/15 337th District Court State v. Kizee Agg. Robb.
5/1/15 228th District Court State v. Mason Capital Murder
5/5/15 182nd District Court State v. Torres Capital Murder
5/6/15 232nd District Court State v. Nixon Agg. Robb.
b) Counsel filed the brief in Gims v. State, # 01-14-00279-CR, Capital
Murder, on 03/20/15.
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c) Counsel has other briefs due in this Court and the 14th Court that he
is trying to complete.
WHEREFORE, PREMISES CONSIDERED, Appellant prays for an
extension of time to file the Appellant’s Brief to and including May 11,,
2015.
RESPECTFULLY SUBMITTED,
S/Terrence A. Gaiser
TERRENCE A. GAISER
LAWYER FOR APPELLANT
2900 SMITH STREET, # 220
HOUSTON, TEXAS 77006
SBOT# 07572500
tagaiser@aol.com
CERTIFICATE OF SERVICE
I CERTIFY THAT A COPY OF THE ABOVE AND
FOREGOING MOTION FOR EXTENSION OF TIME WITHIN
WHICH TO FILE APPELLANT’S BRIEF WAS SERVED ON ALL
PARTIES ACCORDING TO THE RULES.
S/Terrence A. Gaiser
TERRENCE A. GAISER
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