Richard Charles Owings, Jr. v. State ( 2015 )

ACCEPTED
01-15-00132-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/11/2015 11:49:23 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00132-CR
RICHARD CHARLES OWINGS, JR. § IN THE COURT OF APPEALS
FILED IN
1st COURT OF APPEALS
§ HOUSTON, TEXAS
VS. § FOR THE FIRST DISTRICT
5/11/2015 11:49:23 PM
§ CHRISTOPHER A. PRINE
THE STATE OF TEXAS § OF TEXAS Clerk
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT OF APPEALS:
COMES NOW Richard Charles Owings, Jr., Appellant, by and though his
undersigned attorney of record, and files this Motion to Extend Time to File
Appellant’s brief herein, and as sufficient cause therefore shows the following
facts within the personal knowledge of Appellant’s attorney:
I.
Appellant was indicted for the offense of Aggravated Sexual Assault of a
Child. Appellant pled not guilty and proceeded to trial. The trial jury found
Appellant guilty and sentenced him to serve 30 years in prison. Appellant filed
timely written notice of appeal.
II.
On April 9, 2015, Appellant’s attorney received notice from this Honorable
Court of Appeals that Appellant’s complete trial record had been filed with the
Court, making Appellant’s brief due on or before May 11, 2015.
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III.
Appellant’s attorney hereby requests that the due date for Appellant’s brief
be extended by a period of 30 days until June 10, 2015. This is Appellant’s first
request for an extension in this matter.
IV.
The facts relied upon to reasonably explain the need for the requested
extension are as follows:
Appellant’s attorney is a solo practitioner who has had a full schedule of
daily court appearances on numerous pending felony cases since April 15, 2015. In
addition, during this same time period Appellant’s attorney was involved in pre-
trial preparations and a subsequent three day jury trial in a felony case, as well as
in pre-trial preparations in four other pending felony trial cases. Further, during
this same time period Appellant’s attorney was involved in reviewing records and
researching points of error in seven other pending direct appeals.
Given the foregoing facts, Appellant’s attorney did not have adequate time
available to properly review the appellate record, fully research potential points of
error, and draft and file an appropriate appellate brief on Appellant’s behalf by the
current due date of May 11, 2015.
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WHEREFORE, ALL PREMISES CONSIDERED, Appellant prays that this
Honorable Court of Appeals will grant this motion and extend the time to file
Appellant’s brief for a period of 30 days to June 10, 2015.
Respectfully Submitted,
/s/ Randall J. Ayers
_________________________
Randall J. Ayers
Attorney for Appellant
State Bar #01465950
P.O. Box 1569
Houston, Texas 77251-1569
rjayerslaw@comcast.net (e-mail)
281-493-6333 (office)
281-493-9609 (fax)
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CERTIFICATE OF SERVICE
I certify that I served the foregoing motion on the District Attorney of Harris
County, Texas, by sending a copy to Mr. Alan Curry, Chief of the Appellate
Division, Harris County District Attorney’s Office, via electronic service to
curry_alan@dao.hctx.net on May 11, 2015.
/s/ Randall J. Ayers
_________________________
Randall J. Ayers
Attorney for Appellant
State Bar #01465950
P.O. Box 1569
Houston, Texas 77251-1569
rjayerslaw@comcast.net (e-mail)
281-493-6333 (office)
281-493-9609 (fax)
CERTIFICATE OF COMPLIANCE
Pursuant to the provisions of Rule 9(i)(3) of the Texas Rules of Appellate
Procedure I certify that this document contains 535 words.
/s/ Randall J. Ayers
_________________________
Randall J. Ayers
Attorney for Appellant
State Bar #01465950
P.O. Box 1569
Houston, Texas 77251-1569
rjayerslaw@comcast.net (e-mail)
281-493-6333 (office)
281-493-9609 (fax)
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