Christopher Rivera v. State ( 2015 )

ACCEPTED
03-15-00116-CR
5276963
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/14/2015 7:45:00 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00116-CR
FILED IN
STATE OF TEXAS § IN THE 3rd COURT OF APPEALS
AUSTIN, TEXAS
§
5/14/2015 7:45:00 AM
VS. § THIRD COURT JEFFREY D. KYLE
§ Clerk
CHRISTOPHER RIVERA § OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Christopher Rivera., 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 274th Judicial District Court of Hays
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. Christopher
Rivera, and numbered CR-14-0448 in the District Court of Hays County, Texas.
3. Appellant was convicted of Retaliation.
4. Appellant was assessed a sentence to 6 years TDCJ. The 6 year
sentence was probated and Appellant was placed on 6 years probation on February
4, 2015.
5. Notice of appeal was given.
6. The clerk's record and the reporter's record were filed.
7. The appellate brief was presently due on or about May 12, 2015.
8. Appellant requests an extension of time of 45 days from the present
date, i.e. that the brief be due on or before July 6, 2015.
9. No prior extensions have been filed in this case, therefore this is the
first request for an extension.
10. Defendant is currently free on probation and not incarcerated.
11. Appellant relies on the following facts as good cause for the requested
extension:
A.) Appellant’s attorney is working on another brief styled: Leroy Robinson
Jr. vs. The State of Texas in the 10th Court of Appeals in Waco, Texas and that
brief is due on May 21, 2015 and attorney is attempting to finish that brief.
B.) Appellant is free on probation and therefore is not incarcerated.
C.) Appellant’s trial attorney has conveyed that it is his belief that Appellant
should not file an appeal therefore Appellant’s attorney has sent correspondence to
Appellant to determine if he still wishes to pursue the Appeal and needs time to
correspond with Appellant.
D.) Appellant’ attorney has spoken to the District attorney’s office on May
13, 2015 and has been informed that the prosecuting attorney handling this case
will be on vacation for the next few weeks, therefore is not opposed to an
extension.
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,
RICKEY D. JONES
ATTORNEY AT LAW
1910 Pacific Ave, Ste 15100
Dallas, Texas 75201
Tel: (214) 742-0708
Fax: (214) 742-5956
By:
Rickey D. Jones
State Bar No. 00787791
Attorney for Appellant
CERTIFICATE OF CONFERENCE
I hereby certify that I spoke to the Hays County District Attorney’s Office
on May 13, 2015 at 11:45am with regards to this Motion for Extension of time and
they are in agreement with the Motion and have no objection to the requested
extension.
Rickey D. Jones
CERTIFICATE OF SERVICE
This is to certify that on May 14, 2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Hays
County, by facsimile transmission.
Rickey D. Jones