Enrique Chavez Aguirre v. State ( 2015 )

ACCEPTED
01-14-00897-cr
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/19/2015 5:00:13 PM
CHRISTOPHER PRINE
CLERK
NO. 01-14-00897-CR
IN THE COURT OF APPEALS
FILED IN
FOR THE FIRST DISTRICT 1st COURT OF APPEALS
HOUSTON, TEXAS HOUSTON, TEXAS
6/19/2015 5:00:13 PM
CHRISTOPHER A. PRINE
ENRIQUE CHAVEZ AGUIRRE § APPELLANT Clerk
§
VS. §
§
THE STATE OF TEXAS § APPELLEE
APPEAL FROM THE 178TH DISTRICT COURT
HARRIS COUNTY, TEXAS
TRIAL COURT NO. 0950986
MOTION FOR EXTENSION OF TIME TO FILE
APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COMES, ENRIQUE CHAVEZ AGUIRRE, Appellant in the above
entitled and numbered cause, by and through his attorney of record, Stanley G.
Schneider, and submits this Motion for Extension of Time to file Appellant’s Brief
until July 17, 2015. For good cause, Appellant shows as follows:
1. Appellant was charged by indictment with the felony offense of
aggravated sexual assault of a child. Appellant entered a plea of not guilty. A jury
found Appellant guilty on October 22, 2014. The court assessed Appellant’s
punishment at 30 years in the institutional division of the Texas Department of
Criminal Justice. Notice of Appeal was given in a timely fashion. Appellant’s brief
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was due to be filed June 15, 2015.
2. Appellant’s counsel participated in the following in the past thirty days:
USA v. Earnest Gibson, Sentencing hearing before District Judge Lee Rosenthal in
the Southern District of Texas and USA v. Curtis Cluff, Re-Arraignment hearing
District Judge David Hittner in the Southern District of Texas.
3. Appellant’s counsel conducted trial preparation in the following cases,
all of which were reset to a future date on their respective trial dates.
a. State of Texas v. Rosario Garza, in the 209th District Court of Harris
County, Texas, which was set for trial on June 8, 2015.
b. State of Texas v. Jose Cavazos, in the 228th District Court of Harris
County, Texas, which was set for trial on June 1, 2015.
c. State of Texas v. Boniface Ojiaku, in the 176th District Court of Harris
County, Texas, which was set for trial on May 29, 2015.
4. Appellant counsel is currently set for trial in State of Texas v. Bradley
Cherry, in the 209th District Court of Harris County, Texas on Monday, June 22,
2015.
5. Furthermore, appellant’s counsel has had a heavy court docket for the
past thirty days in State Court which included, settings in Brazoria, Ft. Bend, Harris,
Montgomery and Polk County, Texas.
6. Due to his prior trial schedule, Appellant’s counsel will need additional
time to review the appellate record. This preparation is necessary for proper
representation in this case.
7. This Motion is not made for delay, but to see that justice is done.
Appellant submits that the State of Texas will not be prejudiced by the granting of
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this continuance.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant prays that the
deadline for filing of Appellant’s Brief be extended until July 17, 2015.
Respectfully submitted,
SCHNEIDER & McKINNEY, P.C.
/s/ Stanley G. Schneider
Stanley G. Schneider
T.B.C. No. 17790500
440 Louisiana
Suite 800
Houston, Texas 77002
Office: 713-951-9994
Fax: 713-224-6008
Email: stans3112@aol.com
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the attached and foregoing
Motion for Extension of Time to Appellant’s Brief has been mailed and/or hand
delivered on the Appellate Section of the Harris County District Attorney’s Office,
1201 Franklin, Houston, Texas 77002 on this 19th day of June, 2015.
/s/ Stanley G. Schneider
Stanley G. Schneider
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