Scott Richard Pendergraft v. State

ACCEPTED
01-18-00033-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/25/2018 1:58 PM
CHRISTOPHER PRINE
CLERK
NO. 01-18-00033-CR & 01-18-00034-CR
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
5/25/2018 1:58:50 PM
CHRISTOPHER A. PRINE
Clerk
IN THE COURT OF APPEALS
OF TEXAS
FIRST SUPREME JUDICIAL DISTRICT
SCOTT RICHARD PENDERGRAFT, APPELLANT
VS.
STATE OF TEXAS, APPELLEE
MOTION FOR EXTENSION OF TIME
WITHIN WHICH TO FILE APPELLANT’S BRIEF
OR
IN THE ALTERNATIVE ABATE THE APPEAL
TERRENCE GAISER
LAWYER FOR APPELLANT
2900 SMITH STREET, # 220
HOUSTON, TEXAS 77006
SBOT# 07572500
713/ 225-0666
tagaiser@aol.com
NO. 1512987 & 1512988
STATE OF TEXAS § IN THE DISTRICT COURT
§
VS. § HARRIS COUNTY, TEXAS
§
SCOTT RICHARD PENDERGRAFT § 262ND JUDICIAL DISTRICT
MOTION FOR EXTENSION OF TIME
WITHIN WHICH TO FILE APPELLANT’S BRIEF
OR
IN THE ALTERNATIVE ABATE THE APPEAL
NOW COMES SCOTT RICHARD PENDERGRAFT, appellant in
the above-captioned cause, by and through his attorney, TERRENCE
GAISER, and files his Motion for Extension of time within which to file
Appellant’s Brief or in the alternative Abate the Appeal; for which he would
show:
1) These are appeals from convictions for the offense of fraudulent
possession of identifying information (Cause Number 15112987) and for
the offense of securing execution of a document by deception (Cause
Number 1512988). Punishment was assessed at one year confinement in
the state jail for the former and five years confinement in the penitentiary
for the latter. Notices of appeal were timely filed. The certifications of
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appellant’s right to appeal appear of record by way of supplemental
clerk’s records in each case.
2) This is the second requested extension of time. The brief was due May
7, 2018.
3) Appellant would request an extension of time to file the brief to and
including the 15th day of June, 2018,
4) For good cause counsel for the appellant would show that he has not had
time to complete the brief in this cause for the following reasons:
Counsel believes that, in all probability, this is a frivolous appeal.
Nevertheless counsel is unable to certify that he has read and reviewed the
entire record. At the punishment hearing in this case the trial court ordered
that the State’s Exhibit # 1, the presentence investigation, which was
admitted in evidence without objection, be sealed. When counsel attempted
to obtain the exhibit he sought and obtained an order that he be allowed to
examine the exhibit and thereafter the record be supplemented. A copy or
the order is attached to this motion. Counsel learned from the court-reporter
that the exhibit was not filed but it would be filed. Counsel has presented
the order to the District Clerk and the court reporter from the hearing. To
date, counsel has received no indication that the exhibit has been filed and
no indication that the record has been supplemented.
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Counsel has been in a capital murder trial for the past two weeks and
has not had time to pursue this motion, and counsel will be on vacation
overseas for a week.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
appeal be abated for the filing of a supplemental record that will allow
appellant to prepare appellant’s brief, or in the alternative if the court is able
to exercise its powers to have this done immediately, for an extension of
time to file the Appellant’s Brief to and including June 15, 2018.
RESPECTFULLY SUBMITTED,
S/Terrence A. Gaiser
TERRENCE A. GAISER
LAWYER FOR APPELLANT
2900 SMITH STREET, # 220
HOUSTON, TEXAS 77006
SBOT# 07572500
tagaiser@aol.com
CERTIFICATE OF SERVICE
I CERTIFY THAT A COPY OF THE ABOVE AND
FOREGOING MOTION FOR EXTENSION OF TIME WITHIN
WHICH TO FILE APPELLANT’S BRIEF WAS SERVED ON ALL
PARTIES ACCORDING TO THE RULES.
S/Terrence A. Gaiser
TERRENCE A. GAISER
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