Barry Pizzo v. State

Opinion

ACCEPTED 03-14-00701-CR 8225979 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/14/2015 2:57:01 PM JEFFREY D. KYLE CLERK NO. 03-14-00701-CR

BARRY PIZZO § IN THE FILED IN 3rd COURT OF APPEALS § AUSTIN, TEXAS VS. § THIRD COURT 12/14/2015 2:57:01 PM § 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 two 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 is due on December 14, 2015.

8. Appellant requests an extension of time to 30 days to

January 14, 2015.

9. Current counsel has received three prior extensions to file

the brief 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 has gone through extensive measures to

have the record in the instant cause complete for appellate

consideration. The record is voluminous.

Counsel for Appellant was ill for several weeks in November and

is behind on several deadlines. Counsel requests additional time to

complete the record in the instant appeal.

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

GINNA G. PASTRANO State Bar No. 24036611 ginna@pastranolaw.com

ATTORNEYS FOR APPELLANT CERTIFICATE OF SERVICE

This is to certify that on December 14, 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 December 14, 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 December 14,

2015, to certify which witness my hand and seal of office.

Notary Public, State of Texas