Joseph Juan Facundo v. State ( 2015 )

ACCEPTED
01-15-00279-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/8/2015 6:10:13 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00279-CR
In the FILED IN
1st COURT OF APPEALS
COURT OF APPEALS HOUSTON, TEXAS
For the 9/8/2015 6:10:13 PM
FIRST JUDICIAL DISTRICT CHRISTOPHER A. PRINE
Clerk
at Houston, Texas
On Appeal from the 338th Judicial District Court of
Harris County, Texas
in Cause Number 1344346
JOSEPH JUAN FACUNDO, Appellant
v.
THE STATE OF TEXAS, Appellee
__________________________
APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE JUSTICES OF THE FOURTEENTH COURT OF APPEALS:
COMES NOW, Joseph Juan Facundo, Appellant herein, by and through his
attorney of record, Patrick F. McCann, and files this, his Final Motion for Extension
of Time. In support of said motion, Appellant would respectfully show the Court the
following:
1) Appellant’s brief was due on August 27, 2015, however, exceptional
circumstances exist that warrant the grant of a final extension in time in which to file
Appellant’s brief to protect Appellant’s state and federal rights.
2) This request is for 45 days only.
3) The undersigned counsel, a solo practioner, lost his office assistant of
several year two weeks ago.
4) The undersigned has been preparing a death brief in Rivers v. State to
Trial in State v. Sciacca in the 179th District Court, is filing a brief on a non-death
capital Monday in Sam v. State, is preparing a brief on an Aggravated Robbery in Villa
Senor v. State, and is preparing for a trial later this month on a capital case in the
Court of Criminal Appeals, a death brief to the Fifth Circuit in Norris v. Stephens,
filed a Motion for New State of Texas v. Lopez, though it is possible that case may be
re-set or pled.
4) This case, though older, was sent back to the trial court for reassignment,
and the record is voluminous. The Court of Appeals in its order specifically disagreed
with the appellate attorney, who was also the trial attorney, and who was removed as
counsel of record by order of the Court, as to the presence of any arguable points of error,
and thus the undersigned wishes to carefully review this extensive record for arguable
points of error.
For the reasons set forth above, Appellant respectfully requests that he be
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granted an extension of forty-five (45) days from this date so that his brief in this case
will now be due on October 23, 2015, and the Court will accept the filed brief.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests that
this Court grant his Motion for Extension of Time, and that the Court further grant
any additional relief to which he may be justly entitled.
DATED this 8th day of September, 2015.
Respectfully submitted,
The Law Offices of Patrick McCann
By: /s/ Patrick F. McCann
Patrick F. McCann
SBN: 00792680
909 Texas Avenue, Suite 205
Houston, Texas 77002
Phone: (713) 223-3805
eFax: (281) 667-3352
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CERTIFICATE OF SERVICE
This is to certify that on September 8, 2015, a true and correct copy of the
above and foregoing document was duly served by either prepaid U. S. Mail or by
Hand-Delivery upon the following:
District Attorney
Harris County, Texas
1201 Franklin Street, 6th Floor
Houston, Texas 77002
/s/ Patrick F. McCann
Patrick F. McCann
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