Larry Torres v. State ( 2015 )

ACCEPTED
14-15-00156-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
5/5/2015 10:48:19 AM
CHRISTOPHER PRINE
CLERK
NO. 14-15-00155-CR
NO. 14-15-00156-CR
FILED IN
14th COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
5/5/2015 10:48:19 AM
FOURTEENTH DISTRICT CHRISTOPHER A. PRINE
Clerk
HOUSTON, TEXAS
NO. 1385626
NO. 1385627
IN THE TRIAL COURT
179TH JUDICIAL DISTRICT
HARRIS COUNTY, TEXAS
LARRY TORRES § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
MOTION FOR EXTENSION OF TIME
FOR FILING APPELLANT'S BRIEF
ALLEN C. ISBELL
2016 Main St., Suite 110
Houston, Texas 77002
713/236-1000
Fax: 713/236-1809
STATE BAR NO. 10431500
COUNSEL ON APPEAL
TO THE HONORABLE COURT OF APPEALS:
COMES NOW LARRY TORRES, appellant, by and through his
appointed counsel on appeal, and respectfully requests this Honorable Court
grant an Extension of Time for Filing an Appellant's Brief. The present date
for filing the Brief is May 8, 2015, and it is respectfully requested that said time
be extended until July 7, 2015. For cause, appellant would show the Court as
follows:
I.
On February 12, 2015, appellant was convicted of Felon in Possession
of a Weapon in Cause No. 1385626 and Possession with Intent to Deliver a
Controlled Substance in Cause No. 1385627, in the 179th District Court of
Harris County, Texas entitled The State of Texas vs. LARRY TORRES and
was sentenced to fifteen (15) years confinement in Cause No. 1385626 and
twenty-five years confinement in Cause No. 1385627, both sentences to run
concurrently, in the Texas Department of Criminal Justice, Institutional
Division. No Motion for New Trial was filed. Written Notice of Appeal was
given February 12, 2015.
II.
Counsel is unable to timely file the Brief within the time period from the
c:\appeals\torres\ext. brief (cause nos. 1385626 & 1385627) 2
first extension of filing the Reporter’s Record for the following reasons:
1. Counsel recently relocated his office to 2016 Main St., Ste. 110,
Houston, Texas 77002 and is in the process of organizing his
office.
2. Counsel is presently working on the following Brief for Appellant:
Rivera v. State, No. 01-14-00957-CR;
3. Counsel is presently working on the following Petition for
Discretionary Review for Appellant: Nelson v. State, No. 01-13-
00769-CR;
4. Counsel is currently preparing for the following criminal trials:
• State vs. Davis, No. 1438664 (Evading Arrest)(set to begin
May 26, 2015)
• State vs. Hobbs, Nos. 1322693, 1322694, 1322764,
1322796, 1323767, 1324124, & 1324125 (Capital Murder
(Death Penalty), Agg. Sexual Assault, Aggravated
Kidnaping, Aggravated Assault, & Murder)(set to begin July
6, 2015)
5. Counsel has recently represented the following in court: State vs.
Bonds, No. 1436427; State vs. Caplan, No. 1449686; State vs.
Chapman, Nos. 1945284, 1945285, & 1945286; State vs. Earls,
Nos. 1466223, 1466294, & 1466318; State vs. Hornsby, Nos.
1455466, 1466294, & 1466318; State vs. Lawrence, No.
1455567; State vs. Magee, Nos. 1392085, 1386835, 1387732, &
1386809; State vs. McWashington, No. 1446879; State vs.
Manning, Nos. 1462015, 1462939, & 1462989; State vs. Morris,
No. 1458287; State vs. Olajuwon, No. 1462553; State vs. Palmer,
Nos. 1419391 & 1420714; State vs. Peters, No. 1447571; State
vs. Quarrells, No. 1455220; State vs. Simmons, No. 1434147;
State vs. Smith, No. 1436342; State vs. Terrell, No. 1426152;
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III.
Counsel feels that if the additional time is granted, the Brief in this cause
will be filed timely.
IV.
This is the first (1st) extension requested.
V.
This motion is urged at the first opportunity as appellant is indigent and
will suffer irremediable harm if it is not granted.
WHEREFORE, PREMISES CONSIDERED, appellant prays that this
Honorable Court grant this extension of time in which to file the appellant's
Brief until July 7, 2015.
Respectfully submitted,
/s/ Allen C. Isbell
ALLEN C. ISBELL
2016 Main St., Suite 110
Houston, Texas 77002
713/236-1000
Fax No. 713/236-1809
STATE BAR NO. 10431500
email: allenisbell@sbcglobal.net
COUNSEL ON APPEAL
c:\appeals\torres\ext. brief (cause nos. 1385626 & 1385627) 4
Certificate of Service
I hereby certify that on this 5th day of May, 2015, a true and correct copy
of the foregoing motion was sent to the District Attorney's Office, Appellate
Division, and to Mr. Larry Torres, appellant.
/s/ Allen C. Isbell
ALLEN C. ISBELL
Certificate of Compliance
The undersigned attorney on appeal certifies this motion is computer
generated and consists of 683 words. Counsel is relying on the word count
provided by the Word Perfect computer software used to prepare the motion.
/s/ Allen C. Isbell
ALLEN C. ISBELL
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