Barry Pizzo v. State

• Court: Court of Appeals of Texas
• Decided: April 10, 2015
• Docket: 03-14-00701-CR
• Status: Published

Opinion

ACCEPTED 03-14-00701-CR 4839116 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/10/2015 10:16:52 AM JEFFREY D. KYLE CLERK

NO. 03-14-00701-CR FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS STATE OF TEXAS § IN THE 4/10/2015 10:16:52 AM § JEFFREY D. KYLE vs. § THIRD COURT Clerk § BARRY PIZZO § 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 Co mal

County, Texas.

2. The case below was styled the STATE OF TEXAS vs. Barry Pizzo,

and numbered CR2013-146.

3. Appellant was convicted of Two Counts of Tampering with Evidence.

4. Appellant was assessed a sentence of Life on 7th day of October,

201 4.

5. Notice of appeal was given on November 4, 2014. 6. The clerk's record was filed on February 5, 20 15; the reporter's record

was filed on March 11,2015.

7. The appellate brief is presently due on April 10.2015.

8. Appellant requests an extension of time of 90 days from the present

date, i.e. July 9, 2015.

9. No extension to file the brief has been received in this cause.

10. Defendant is currently incarcerated.

11. Appellant relies on the following facts as good cause for the requested

extension: Atanacio Campos has a full trial schedule and other appeals that he

needs to attend to.

12. Appellant has communicated the Office of the Comal County

Criminal District Attorney and they stated they had no objection to an extension of

time in this cause.

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,

ATANACIO CAMPOS P.O. Box 310859 New Braunfels, TX 78131 Tel: (830) 620-1515 Fax: (830) 620-5334 atanacio@aol.com Attorney for Barry Pizzo

CERTIFICATE OF SERVICE

This is to certify that on April 9, 201 5, a true and con·ect copy of the above

and foregoing document was served on the District Attorney's Office, Coma]

County, bye-service to tharpj@co.comal..tx.us STATE OF TEXAS § § COUNTY OF COMAL §

AFFIDAVIT

BEFORE ME, the undersigned authority, on th is day personally appeared

Atanacio Campos, who after being duly sworn stated:

"I am the attorney for the appe llant 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."

SUBSCRIBED AND SWORN TO BEFORE ME on -L- A+~ft : :;:. .t.:. ./____:;_/_{)_ _ 2015, to certify which w itness my hand and seal of office.

Notary Public, State of Texas