Joseph Juan Facundo v. State ( 2015 )

ACCEPTED
01-15-00279-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/23/2015 4:58:51 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00279-CR
In the FILED IN
1st COURT OF APPEALS
COURT OF APPEALS HOUSTON, TEXAS
For the 7/23/2015 4:58:51 PM
FIRST JUDICIAL DISTRICT CHRISTOPHER A. PRINE
Clerk
at Houston
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 FIRST COURT OF APPEALS:
COMES NOW, Joseph Juan Facundo, Appellant herein, by and through his
attorney of record, Patrick F. McCann, and files this, his Motion for Extension of
Time. In support of said motion, Appellant would show the Court the following:
1. Counsel has a death appellee’s brief due to the Fifth Circuit on August 3rd and
a Certificate of Appealability due the same day in Norris v. Stephens.
2. Counsel had sought and obtained a continuance of a federal medicare fraud
case in United States v. Tsolak Gevorgyan but upon government objection, the
federal district court judge reinstated the August 17th trial date so we are now
headed to jury trial in this matter beginning August 17th. Counsel must
prepare to represent his client in this very complex fraud case.
3. Counsel is also preparing for a non-death capital trial in State of Texas v. Rene
Lopez in the 180th district court.
4. Counsel is working on an appellate brief on a death penalty appeal in Rivers v.
State.
5. For the reasons set forth above, Appellant respectfully requests that he be
granted an extension of thirty (30) days so that his brief in this case will now
be due on August 27th, 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.
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
[2]
CERTIFICATE OF SERVICE
This is to certify that on July 23, 2015, a true and correct copy of the above and
foregoing document was served on:
Mr. Alan Curry Via email: Curry_Alan@dao.hctx.net
Chief Prosecutor, Appellate Division
Harris County District Attorney’s Office
1201 Franklin Street, Ste. 600
Houston, TX 77002-1923
/s/ Patrick F. McCann
Patrick F. McCann
[3]