Carlos Faz v. State

Opinion

ACCEPTED

04-15-00223-CR

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

9/2/2015 12:58:44 AM

KEITH HOTTLE

CLERK

CAUSE NO. 04-15-00223-CR

CARLOS FAZ, § IN THE COURT OF APPEALS FILED IN

4th COURT OF APPEALS

Appellant § SAN ANTONIO, TEXAS

VS. § IN SAN ANTONIO, TEXAS 09/02/2015 12:58:44 AM

§ th

KEITH E. HOTTLE

Clerk

THE STATE OF TEXAS, § 4 JUDICIAL DISTRICT Appellee

MOTION FOR EXTENSIONOF TIME TO FILE APPELLANT'S BRIEF TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW, CARLOS FAZ, Appellant, and files this Motion for Extension of Time to File Appellant's Brief, pursuant to Rules 10.5(b) and 38.6(d), Texas Rules of Appellate Procedure. In support of this Motion, Appellant would show the following:

I.

Appellant’s brief is due to be filed on September 2, 2015. Counsel for Appellant requires an extension of time to complete and file Appellant’s brief in this cause. This is Appellant’s second request for extension of time, but Appellant’s first request for extension of time since the appellate record was filed in its entirety.

II.

Counsel for Appellant has worked diligently on the brief since receiving the complete record, but has been unable to complete it for the following reasons:

1. Counsel for Appellant appeared for numerous, previously set, pretrial and trial settings in the county and district criminal courts of Bexar County, Texas.

2. Counsel for Appellant was also involved in assisting with the research and preparation of several appellate and post-conviction matters pending in Harris County, Texas.

3. Counsel for Appellant has also worked diligently on the investigation, research, and preparation of the following, upcoming, post- conviction matters: Ex parte Corey Farrow, Ex parte Alexander Gauthier, Ex parte John Anthony Torres, Ex parte Shannon Spradlin.

4. Counsel for Appellant also worked diligently on, and filed, the Appellant’s Brief in the Fourth Court of Appeals in, Nos. 04-15-00207 and 04- 15-00208, styled Jessica G. Castillo v. State of Texas.

5. Counsel for Appellant also worked diligently on, and filed, the Applicant’s writ of habeas corpus pursuant to 11.07 of the Texas Code of Criminal Procedure and Applicant’s Memorandum in Support of Writ of Habeas Corpus in the 186th District Court of Bexar County, Texas in, cause no. 2011CR11054-W1, styled Ex parte Luis Galvan.

III.

This request is not made for the purpose of delay, but rather this request is made to allow counsel adequate time to prepare Appellant’s brief. Appellant moves this Court for an order granting an extension of thirty (30) days, or until October 2, 2015, for Appellant to submit the brief in this case.

WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court for an order granting an extension of thirty (30) days for Appellant to submit the brief in this case.

Respectfully submitted,

/s/ Daniel De La Garza

DANIEL DE LA GARZA

TBA No. 24077965

1800 McCullough

San Antonio, Texas 78212

Telephone: (210) 263-1146 Facsimile: (210) 855-6274 Email: Daniel.DeLaGarza@me.com

COUNSEL FOR APPELLANT,

CARLOS FAZ

CERTIFICATE OF COMPLIANCE Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the undersigned counsel of record certifies that the motion contains 638 words.

/s/ Daniel De La Garza

Daniel De La Garza

CERTIFICATE OF SERVICE

I hereby certify a true and correct copy of the above and foregoing Motion for Extension of Time to File Appellant's Brief was delivered to the Bexar County District Attorney’s Office via email on this the 2nd day of September, 2015.

/s/ Daniel De La Garza

Daniel De La Garza

CAUSE NO. 04-15-00223-CR

CARLOS FAZ, § IN THE COURT OF APPEALS Appellant §

VS. § IN SAN ANTONIO, TEXAS § th

THE STATE OF TEXAS, § 4 JUDICIAL DISTRICT Appellee ORDER

On this the _____ day of _______________________, 2015, came on to be heard the Appellant's Motion for Extension of Time to File Appellant's Brief and the Court is of the opinion that this Motion should be:

GRANTED, and the deadline for filing the Appellant's brief in Cause No.

04-15-00223-CR is extended to, __________________________, 2015.

DENIED, to which action of the Court the Appellant objects.

SIGNED this the day of , 2015.

JUDGE PRESIDING