Barry Pizzo v. State ( 2015 )

ACCEPTED
03-14-00701-CR
6030649
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/13/2015 9:30:32 AM
JEFFREY D. KYLE
CLERK
NO. 03-14-00701-CR
BARRY PIZZO § IN THE FILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
VS. § THIRD COURT
7/13/2015 9:30:32 AM
§ JEFFREY D. KYLE
Clerk
STATE OF TEXAS § OF APPEALS
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes BARRY PIZZO, Appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time
to file appellant's brief, pursuant to Rule 38.6 of the Texas Rules of
Appellate Procedure, and for good cause shows the following:
1. This case is on appeal from the 207TH Judicial District
Court of Comal County, Texas.
2. The case below was styled the STATE OF TEXAS vs. BARRY
PIZZO, and numbered CR-2013-146.
3. Appellant was convicted of tow counts of TAMPERING WITH
OR FABRICATING PHYSICAL EVIDENCE, felony offenses.
4. Appellant was sentenced to imprisonment for LIFE in the
Texas Department of Criminal Justice on counts one and two.
5. Notice of appeal was given on November 5, 2014.
6. The clerk's record was filed on February 5, 2015; the
reporter's record was filed on March 11, 2015.
7. Appellant’s brief was due on July 9, 2015.
8. Appellant requests an extension of time to September 13,
2015, sixty days from this date.
9. Current counsel has received no extensions to file the brief
have been received in this cause.
10. Defendant is presently incarcerated.
11. Appellant relies on the following facts as good cause for the
requested extension:
Counsel for Appellant was appointed on June 8, 2015. The
court reporter’s transcript is thirteen (13) volumes long.
Counsel for Appellant has reviewed a majority of the transcript
but continues his initial review of the transcript. Based on this initial
reading of the first 7 volumes, it is apparent that there are a multitude
of issues to be reviewed, researched and briefed.
Counsel for Appellant requests sixty (60) days to complete his
review of the reporter’s record, research and briefing.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that
this Court grant this Motion To Extend Time to File Appellant's Brief,
and for such other and further relief as the Court may deem
appropriate.
Respectfully submitted,
The Pastrano Law Firm, P.C.
The Old Cotton Exchange Building
202 Travis Street, Suite 307
Houston, Texas 77002
713.222.1100-telephone
832.218.7114-facsimile
By:_______________________________
E. CHEVO PASTRANO
State Bar No. 24037240
chevo@pastranolaw.com
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
This is to certify that on July 13, 2015, a true and correct copy of
the above and foregoing document was served on the District
Attorney's Office, Comal County, Texas, via facsimile and/or email.
E. Chevo Pastrano
CERTIFICATE OF CONFERENCE
This is to certify that on or before July 13, 2015, this office
conferred with Mr. Josh Presley of the Comal County District
Attorney’s Office and the State has no objection to the motion for
extension of time to file Appellant’s brief.
E. Chevo Pastrano
STATE OF TEXAS §
§
COUNTY OF HARRIS §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally
appeared E. Chevo Pastrano, who after being duly sworn stated:
"I am the attorney for the appellant in the above numbered
and entitled cause. I have read the foregoing Motion To
Extend Time to File Appellant's Brief and swear that all of
the allegations of fact contained therein are true and
correct."
E. Chevo Pastrano
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on July 13,
2015, to certify which witness my hand and seal of office.
Notary Public, State of Texas