Fernando Razo v. State ( 2015 )

ACCEPTED 01-15-00290-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 9/3/2015 9:53:08 AM CHRISTOPHER PRINE CLERK No. 01-15-00290-CR In the Court of Appeals for the FILED IN 1st COURT OF APPEALS First District of Texas at Houston HOUSTON, TEXAS 9/3/2015 9:53:08 AM  CHRISTOPHER A. PRINE Clerk No. 1416480 In the 208th District Court of Harris County, Texas  FERNANDO RAZO Appellant v. THE STATE OF TEXAS Appellee  APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLATE BRIEF  TO THE HONORABLE COURT OF APPEALS OF TEXAS: COMES NOW APPELLANT, in accordance with Rules 2, 10.5(b)(1), and 38.6(d) of the Texas Rules of Appellate Procedure, and files this motion for extension of time in which to file his appellate brief in this cause, and, in support thereof, presents the following: 1. On March 16, 2015, appellant was convicted in the 208th District Court of Harris County, Texas of the felony offense of Intoxication Manslaughter in cause number 1416480, The State of Texas v. Fernando Razo. He was sentenced to 10 tears confinement in the Texas Department of Criminal Justice – Institutional Division. 2. Appellant filed a timely and written notice of appeal on March 16, 2015. 3. The reporter’s record was filed on July 27, 2015. The clerk’s record was filed on May 8, 2015. Appellant’s brief was initially due on August 26, 2015. Appellant has not requested any previous extensions. 4. Appellant respectfully requests an extension of time of sixty (60) days until October 25, 2015 in which to file his brief. 5. The additional facts relied upon to explain the need for this extension are as follows: Appellant retained undersigned counsel to represent him on appeal. A motion to permit his then-counsel of record to withdraw and allow for the substitution of undersigned counsel was filed with this Court on August 7, 2015. This Court did not rule on said motion until September 3, 2015. Although undersigned counsel has begun reviewing the record, he has not had an opportunity to sufficiently identify and research the issues in this case and needs more time to do so and properly present all viable issues to this Court. WHEREFORE PREMISES CONSIDERED, appellant prays that this Court will grant an extension of time until October 25, 2015, in which to file his appellate brief in this case. Respectfully Submitted, /s/ T. Brent Mayr T. Brent Mayr SBN 24037052 Law Office of Brent Mayr, P.C. 4101 Washington Ave., 2nd Floor Houston, TX 77007 713.808.9613 713.808.9991 FAX bmayr@bmayrlaw.com ATTORNEY FOR FERNANDO RAZO CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing motion has been served on the attorney for the State, Alan Curry, pursuant to Texas Rule of Appellate Procedure 9.5 (b)(1), through Appellant’s counsel’s electronic filing manager on September 3, 2015. /s/ T. Brent Mayr Law Office of Brent Mayr, P.C. ATTORNEY FOR FERNANDO RAZO