Brian Wayne Allen v. State

Opinion

ACCEPTED

01-15-00037-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

6/1/2015 11:25:59 AM

CHRISTOPHER PRINE

CLERK

NO. 01-15-00037-CR

STATE OF TEXAS § IN THE FILED IN 1st COURT OF APPEALS

§ HOUSTON, TEXAS VS. § 9th COURT 6/1/2015 11:25:59 AM § CHRISTOPHER A. PRINE BRIAN WAYNE ALLEN § OF APPEALS Clerk

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Brian Wayne Allen, 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 260th Judicial District Court of Orange County, Texas.

2. The case below was styled the State of Texas Vs. Brian Wayne Allen, and numbered D-140351-R.

3. Appellant was convicted of Unauthorized Use of a Motorized Vehicle.

4. Appellant was assessed a sentence of 2 years on December 9, 2014.

5. Notice of appeal was given on December 10. 2014.

6. The clerk's record was filed on March 12, 2015; the reporter's record was filed on March 4, 2015.

7. The appellate brief is presently due on April 13, 2015.

8. Appellant requests an extension of time of 30 days from the present date, i.e. June 13, 2015.

9. One extension to file the brief has been received in this cause.

10. Defendant is currently ncarcerated.

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

The Attorney for Appellant has been laboring under a heavy caseload and requires more time to prepare said brief.

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,

Christine R. Brown-Zeto

Attorney at Law

1107 Green Avenue

Orange, Texas 77630

Tel: (409) 886-8558

Fax: (409) 883-6523

By: /s/ Christine R. Brown-Zeto Christine R. Brown-Zeto

State Bar No. 03102200

crbrown@exp.net

Attorney for Brian Wayne Allen

CERTIFICATE OF SERVICE

This is to certify that on June 1, 2015, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Orange County, 801 Division St., Orange, Texas 77630, by fax to 409-883-9322.

/s/ Christine R. Brown-Zeto Christine R. Brown-Zeto

STATE OF TEXAS § §

COUNTY OF ORANGE §

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared Christine R. Brown-Zeto, 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."

/s/ Christine R. Brown-Zeto Christine R. Brown-Zeto

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on June1, 2015, to certify which witness my hand and seal of office.

/s/ Chrystal Murphy

Notary Public, State of Texas My Commission expires: June 2, 2018