John Joe Valencia v. State ( 2015 )

ACCEPTED
01-15-00442-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/31/2015 4:00:54 PM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 01-15-00442-CR
FILED IN
JOHN VALENCIA § 1st COURT
IN THE COURT OF OF APPEALS
APPEALS
HOUSTON, TEXAS
[Appellant] 7/31/2015 4:00:54 PM
§ CHRISTOPHER A. PRINE
VS. OF THE FIRST Clerk
§
THE STATE OF TEXAS
[Appellee] SUPREME JUDICIAL DISTRICT
MOTION FOR EXTENSION OF TIME
TO FILE APPELLATE BRIEF
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW JOHN VALENCIA, Appellant, and files this motion for an
extension of 60 days in which to file his appellate brief. In support of this motion,
Appellant shows the court the following:
I
The Appellant was convicted and then sentenced on April 29, 2015 in the 180th
Criminal District in Harris County, Texas in Cause No. 1397404 of Capital Murder. The
Appellant was convicted by the jury and sentenced to an automatic life sentence in the
Texas Department of Criminal Justice Institutional Division.
A written notice of appeal was filed on the same day. The clerk’s record was filed
on June 22, 2015 and the reporter’s record was filed on May 31, 2015. This is
Appellant’s first request for an extension of time, the Appellant’s brief was due July 22,
2015.
II
An extension of time is necessary so that counsel can adequately brief the issues
presented.
Counsel has received the record and reviewed trial counsel’s file. Nevertheless,
counsel has not completed reading the record. Counsel has been out of town on two
work related matters (July 24 and July 26-28) and has been preparing for a trial that was
set on July15, 2015 but then reset to August 12, 2015. Counsel is also working on an
appeal which is slightly older than this appeal.
Further, counsel has spent some time with her young children during their
summer break from school.
For these personal and professionals reasons, counsel requests an extension
until September 30, 2015 to file her brief.
WHEREFORE, Appellant prays the court grant this motion and extend the
deadline for filing the appellate brief to September 30, 2015.
RESPECTFULLY SUBMITTED,
/s/ Deborah Summers
Deborah Summers
State Bar No. 19505600
11210 Steeplecrest, Suite 120
Houston, Texas 77065
(281) 897-9600
Summerspc@sbcglobal.net
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing
instrument has been furnished to the District Attorney's Office of Harris County, Texas,
by e-service to the District Attorney email, on the 31st day of July 2015.
/s/ Deborah Summers
Deborah Summers
CAUSE NO. 01-15-00442-CR
JOHN VALENCIA § IN THE COURT OF APPEALS
[Appellant]
§
VS. OF THE FIRST
§
THE STATE OF TEXAS
[Appellee] SUPREME JUDICIAL DISTRICT
ORDER
On this the day of , 2015 came to be heard Appellant's Motion for
Extension of Time to File Appellate Brief, and it appears to the court that this motion
should be:
GRANTED
DENIED
IT IS THEREFORE ORDERED that the time for filing the Appellate Brief in
the above cause is extended to , 2015.
JUDGE PRESIDING
CAUSE NO. 01-15-00442-CR
JOHN VALENCIA § IN THE COURT OF APPEALS
[Appellant]
§
VS. OF THE FIRST
§
THE STATE OF TEXAS
[Appellee] SUPREME JUDICIAL DISTRICT
AFFIDAVIT
COMES NOW Deborah Summers, before the undersigned authority, and swears
to the following:
My name is Deborah Summers. I am the attorney of record in the
above cause. The foregoing Appellant's Motion For Extension of
Time to File Appellate Brief was prepared under my direction. Each
and every factual allegation contained therein is true and correct.
/s/ Deborah Summers
Deborah Summers