Barry Pizzo v. State ( 2015 )

ACCEPTED
03-14-00701-CR
5574937
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/8/2015 10:22:57 AM
JEFFREY D. KYLE
CLERK
NO. 03-14-00701-CR
FILED IN
3rd COURT OF APPEALS
STATE OF TEXAS § INTHE AUSTIN, TEXAS
§ 6/8/2015 10:22:57 AM
vs. § THIRD COURT JEFFREY D. KYLE
§ Clerk
BARRY PIZZO § OF APPEALS
SECOND 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 Comal
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 in prison on 7th day of
October, 2014.
5. Notice of appeal was given on November 4, 2014.
6. The clerk's record was filed on February 2, 2015; the reporter's record
was filed on March 11, 2015.
7. The appellate brief is presently due on June 9, 2015.
8. Appellant requests an extension of time of 60 days from the present
date, i.e. August 8, 2015.
9. One 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:
Counsel, after communicating with Defendant, believes that Mr. Pizzo's
interested will be best served by having new counsel appointed for his appeal.
Counsel has filed a Motion to Withdraw with the trial court, requesting new counsel
be appointed.
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
By: ````````-------­
Atana ·o Campos
State Bar No. 03720700
atanacio@aol.com
Attorney for Barry Pizzo
CERTIFICATE OF SERVICE
This is to certify that on June 5, 2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Comal
County, 150 N. Seguin Ave., New Braunfels, Texas, by electronic service through
the Electronic Filing Manager.
STATE OF TEXAS §
§
COUNTY OF COMAL §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Atanacio Campos, who after being duly sworn stated:
"I am the attorney for the appellant 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 June 5, 2015, to certify
which witness my hand and seal of office.
Notary Public, State of Texas
06/08/2015 07:33 FAX 8306082030 COMAL-OISTRICT-COURT Ill 004/007
STATE OF TEXAS
NO. 03-14-00701-CR
§ IN THE DISTRICT COURT
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ORDER ON MOTION TO WJTIIDRAWAS COUNSEL
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On~{.ame on to be considered Atanacio Campos's Motion to Withdraw as
Counself .
The Court fmds that there is good cause for withdrawal of Movant as counsel and such
withdrawal is not sought only for delay.
The pending settings and deadlines in the case are as follows:
a. Appellant's Briefis due to the Thrid Court of Appeals on June 9. 2015.
The Court finds that Barry Pizzo, Defendant, is indigen~ and is entitled to the appointment
of counsel to represent said Defendant on appeal.
The Court further fm.ds that Movant has timely filed a notice of appeal, requested the
Clerk's Record and the Reporter's Record, and said records have been produced and tiled..
IT IS THEREFORE ORDERED, that Movant is pennitted to withdraw as counsel of
record for Barry Pizzo in this cause.
The Court hereby appoints ~---------- as counsel of record for
Barry Pizzo herein. Identifying information for new counsel is as follows:
State Bar Number:
Address:
Telephone Number:
Fax Number:
The Court ORDERS that Atanacio Campos, Movant, immediately provide written
06/08/2015 07:33 FAX 8306082030 COMAL-DISTRICT-COURT Ill 003/007
NO. 03-14.00701-CR
STATE OF TEXAS § IN THE DISTRICT COURT
§
va. § 207th JUDICIAL DISTRICT
§
BARRY PIZZO § COMAL COUNTY, TEXAS
NQTICI
To: Barry Piz%o
NOTICE is hereby given, as provided by Rule 6 of the Texas Rules of Appellate Procedme,
that the following deadlines and/or settings exist in this case:
a. Appellant's Brief is due to the Tbrid Court of Appeals on June 9, 2015.
b. A Motion for Extension ofTime t0 File Appellant's Brief has been filed.
Law Office of Atanacio Campos
P.O. Box 310859
496 S. Castell Ave.
New Braunfels, Texas 78131-0859
Tel: (830) 620-1515
Fax: (830) 620-5334
By:.``~--````~--~---­
Atanac.t»"'\.:aaees-
State Bar No. 03720700
atanacio@aol.com
Attorney for Barry Pizzo
I certify that a copy of this Notice has been mailed by certified mail and by regular mail to
the above-named Defendant at his last known address: IDCJ# 01967172, 9601 Spur 591,
Amarillo, Texas 79107 on June 5, 2015.
06/08/2015 07 : 33 FAX 8306082030 COMAL-OISTRICT-COURT ~ 002/007
PRAYER
WHEREFORE, PREMISES CONSIDERED, Movant prays thllt the Court allow
Atanacio Campos to withdraw as counsel for Barry Pizzo and from any further representation of
Barry Pizzo in this cause. Defendant and Movant further pray the Court appoint counsel to
represent Defendant in the appeal of this case.
Respectfully submitted,
Law Office of Atanacio Campos
P.O. Box 310859
496 S. Castell Ave.
New Braunfels, Texas 78131-0859
Tel: (830) 620·1515
Fax: (830) 620-5334
By:
·AA~aM~ciWo~mmrw``````--
state Bar No. 03 720700
atanacio@aol.com
Attorney for Barry Pizzo
CERTIFICATE OF SERVICE
This is to certify that on JW1e S, 201S, a true and correct copy of the above and foregoing
docwnent was served on the District Attorney's Office, Comal CoWlty, 150 N. Seguin Ave., New
Braunfels, Texas 78130, by facsimile transmission to (830) 608-2008.