Carlos Faz v. State

Opinion

ACCEPTED

04-15-00223-CR

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

10/1/2015 9:34:30 AM

KEITH HOTTLE

CLERK

CAUSE NO. 04-15-00223-CR

CARLOS FAZ, § IN THE COURTFILED OF APPEALS

IN

4th COURT OF APPEALS

Appellant § SAN ANTONIO, TEXAS

VS. § IN SAN ANTONIO, TEXAS 10/01/2015 9:34:30 AM

§ th

KEITH E. HOTTLE

Clerk

THE STATE OF TEXAS, § 4 JUDICIAL DISTRICT Appellee

MOTION FOR EXTENSION OF 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 October 2, 2015. Counsel for Appellant requires an extension of time to complete and file Appellant’s brief in this cause. This is Appellant’s third request for extension of time, but Appellant’s second 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 record, but has been unable to complete it for the following reasons:

1. During preparation of Appellant’s brief, counsel discovered State’s

Exhibits 1 - 6, which were offered by the State, and admitted by the trial court, during the motion for new trial hearing held June 18, 2015, are missing from the appellate record. Counsel will file a motion to supplement the appellate record simultaneously with the filing of this motion for extension.

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

3. 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.

4. Undersigned counsel for Appellant also got married on September 26, 2015, in South Padre Island, Texas, so counsel’s office was closed from September 22, 2015 until September 25, 2015.

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, and to allow for supplementation of the appellate record. Appellant moves this Court for an order granting an extension of thirty (30) days, or until November 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 394 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/hand delivery on this the 1nd day of October, 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