Oscar Rene Rivera v. State ( 2015 )


Menu:
  •                                                                                             ACCEPTED
    01-15-00239-CR
    FIRST COURT OF APPEALS
    HOUSTON, TEXAS
    7/27/2015 6:40:52 PM
    CHRISTOPHER PRINE
    CLERK
    No. 01-15-00239-CR
    OSCAR RENE RIVERA                             §   IN THE FIRST DISTRICT
    FILED IN
    1st COURT OF APPEALS
    §                     HOUSTON, TEXAS
    VS.                                           §   COURT OF     APPEALS
    7/27/2015 6:40:52 PM
    §                 CHRISTOPHER A. PRINE
    THE STATE OF TEXAS                            §   OF TEXAS              Clerk
    MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF
    TO THE HONORABLE JUSTICES OF SAID COURT OF APPEALS:
    COMES NOW Oscar Rene Rivera, Appellant, by and though his
    undersigned attorney of record, and files this Motion to Extend Time to File
    Appellant’s brief herein, and as sufficient cause therefore shows the following
    facts within the personal knowledge of Appellant’s attorney:
    I.
    Appellant was indicted for the felony offense of Indecency With a Child.
    Appellant pled not guilty and proceeded to trial. The trial jury found Appellant
    guilty and sentenced him to 10 years on community supervision. Appellant filed
    timely written notice of appeal.
    II.
    On June 30, 2015, Appellant’s attorney received notice from this Honorable
    Court of Appeals that Appellant’s motion to extend time to file Appellant’s brief
    had been granted, making Appellant’s brief due on or before July 27, 2015.
    1
    III.
    Appellant’s attorney hereby requests that the due date for Appellant’s brief
    be extended by a period of 30 days until August 26, 2015. This is Appellant’s third
    request for an extension in this matter.
    IV.
    The facts relied upon to reasonably explain the need for the requested
    extension are as follows:
    Appellant’s attorney is a solo practitioner who had a full schedule of court
    appearances on numerous pending felony cases since June 30, 2015. In addition,
    during this same period Appellant’s attorney was involved in pre-trial preparations
    in five pending felony trial cases, four of which were set for jury trial the week of
    July 6, 2015. Further, Appellant’s attorney was involved in reviewing records and
    researching points of error in nine other pending direct appeals, including three
    with briefs filed the week of July 6, 2015.
    Given the foregoing facts, Appellant’s attorney did not have adequate time
    available to properly review the appellate record, fully research potential points of
    error, and draft and file an appropriate appellate brief on Appellant’s behalf by the
    current due date of July 27, 2015.
    2
    WHEREFORE, ALL PREMISES CONSIDERED, Appellant prays that this
    Honorable Court of Appeals will grant this motion and extend the time to file
    Appellant’s brief for a period of 30 days to August 26, 2015.
    Respectfully Submitted,
    /s/ Randall J. Ayers
    _________________________
    Randall J. Ayers
    Attorney for Appellant
    State Bar #01465950
    P.O. Box 1569
    Houston, Texas 77251-1569
    rjayerslaw@comcast.net (e-mail)
    281-493-6333 (office)
    281-493-9609 (fax)
    3
    CERTIFICATE OF SERVICE
    I certify that I served the foregoing motion on the District Attorney of Harris
    County, Texas, by sending a copy to Mr. Alan Curry, Chief of the Appellate
    Division, Harris County District Attorney’s Office, via electronic service to
    curry_alan@dao.hctx.net on July 27, 2015.
    /s/ Randall J. Ayers
    _________________________
    Randall J. Ayers
    Attorney for Appellant
    State Bar #01465950
    P.O. Box 1569
    Houston, Texas 77251-1569
    rjayerslaw@comcast.net (e-mail)
    281-493-6333 (office)
    281-493-9609 (fax)
    CERTIFICATE OF COMPLIANCE
    Pursuant to the provisions of Rule 9(i)(3) of the Texas Rules of Appellate
    Procedure I certify that this document contains 531 words.
    /s/ Randall J. Ayers
    _________________________
    Randall J. Ayers
    Attorney for Appellant
    State Bar #01465950
    P.O. Box 1569
    Houston, Texas 77251-1569
    rjayerslaw@comcast.net (e-mail)
    281-493-6333 (office)
    281-493-9609 (fax)
    4
    

Document Info

Docket Number: 01-15-00239-CR

Filed Date: 7/27/2015

Precedential Status: Precedential

Modified Date: 9/29/2016