Barry Pizzo v. State ( 2015 )

ACCEPTED
03-14-00701-CR
4839116
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/10/2015 10:16:52 AM
JEFFREY D. KYLE
CLERK
NO. 03-14-00701-CR FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
STATE OF TEXAS § IN THE
4/10/2015 10:16:52 AM
§ JEFFREY D. KYLE
vs. § THIRD COURT Clerk
§
BARRY PIZZO § OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Barry Pizzo, Appellant in the above styled and numbered cause,
and moves this Court to grant an extension of time to file appellant's brief, pursuant
to Rule 38.6 of the Texas Rules of Appellate Procedure, and for good cause shows
the following:
1. This case is on appeal from the 207th Judicial District Court of Co mal
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Barry Pizzo,
and numbered CR2013-146.
3. Appellant was convicted of Two Counts of Tampering with Evidence.
4. Appellant was assessed a sentence of Life on 7th day of October,
201 4.
5. Notice of appeal was given on November 4, 2014.
6. The clerk's record was filed on February 5, 20 15; the reporter's record
was filed on March 11,2015.
7. The appellate brief is presently due on April 10.2015.
8. Appellant requests an extension of time of 90 days from the present
date, i.e. July 9, 2015.
9. No extension to file the brief has been received in this cause.
10. Defendant is currently incarcerated.
11. Appellant relies on the following facts as good cause for the requested
extension: Atanacio Campos has a full trial schedule and other appeals that he
needs to attend to.
12. Appellant has communicated the Office of the Comal County
Criminal District Attorney and they stated they had no objection to an extension of
time in this cause.
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.
Respectfully submitted,
ATANACIO CAMPOS
P.O. Box 310859
New Braunfels, TX 78131
Tel: (830) 620-1515
Fax: (830) 620-5334
atanacio@aol.com
Attorney for Barry Pizzo
CERTIFICATE OF SERVICE
This is to certify that on April 9, 201 5, a true and con·ect copy of the above
and foregoing document was served on the District Attorney's Office, Coma]
County, bye-service to tharpj@co.comal..tx.us
STATE OF TEXAS §
§
COUNTY OF COMAL §
AFFIDAVIT
BEFORE ME, the undersigned authority, on th is day personally appeared
Atanacio Campos, who after being duly sworn stated:
"I am the attorney for the appe llant in the above numbered and
entitled cause. I have read the foregoing Motion To Extend Time to
File Appellant's Brief and swear that all of the allegations of fact
contained therein are true and correct."
SUBSCRIBED AND SWORN TO BEFORE ME on -L-
A+~ft
: :;:. .t.:. ./____:;_/_{)_ _
2015, to certify which w itness my hand and seal of office.
Notary Public, State of Texas