Christopher Ernest Braughton v. State

Opinion

ACCEPTED 01-15-00393-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 8/3/2015 12:00:00 AM CHRISTOPHER PRINE CLERK

No. 01-15-00393-CR __________________________________________________________________ FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS 8/3/2015 10:15:00 AM AT FORT WORTH CHRISTOPHER A. PRINE ______________________________________________Clerk

CHRISTOPHER ERNEST BRAUGHTON, Defendant-Appellant,

v.

THE STATE OF TEXAS, Plaintiff-Appellee. ______________________________________________

On Appeal from the 228th Judicial District Court Trial Court Case No. 1389139 ______________________________________________

DEFENDANT-APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF ________________________________________________

Robert L. Sirianni, Jr., Esq. Texas Bar No. 24086378 THE LAW OFFICE OF ROBERT L. SIRIANNI, JR. 201 N. New York Ave. Suite 200 Winter Park, Florida 32789 Tele: 407-388-1900 Fax: 407-622-1511 Robert@brownstonelaw.com Counsel for Defendant-Appellant

__________________________________________________________________ July 28, 2015 TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW, DEFENDANT-APPELLANT CHRISTOPHER

ERNEST BRAUGHTON, through undersigned counsel in the above-styled cause,

and respectfully submits this Motion for Extension of Time to File Initial Brief, and

as grounds would show unto the Court the following:

1. Defendant-Appellant Christopher Ernest Braughton retained the firm

Robert L. Sirianni, Jr. to represent him on appeal.

2. The court reporter’s record was filed on July 9, 2015. The Initial Brief

is therefore due on August 10, 2015.

3. Undersigned counsel received the record on appeal promptly thereafter.

However, the record on appeal consists of twelve (12) volumes of trial

transcripts and additional time will be necessary to review said record,

conduct the required research, and prepare the Initial Brief.

4. Accordingly, in the abundance of caution, Defendant-Appellant

Christopher Ernest Braughton respectfully requests that this Court grant a 45-

day extension of time, up to and including September 25, 2015, to file the

Initial Brief in this cause.

5. This extension of time is not requested for the purpose of delay, but so

that the issues on appeal are presented in the clearest and most effective

1 manner so that justice may be done in this cause. This is Defendant-

Appellant’s first request for an extension of time.

WHEREFORE, Premises Considered, Defendant-Appellant respectfully

requests the entry of an order granting a 45-day extension of time, up to and

including September 24, 2015, to file the Initial Brief and to provide such further

and other relief that the Court may deem just, fair and equitable.

Respectfully Submitted,

/s/ Robert L. Sirianni, Jr. Robert L. Sirianni, Jr. THE LAW OFFICE OF ROBERT L. SIRIANNI, JR. Texas Bar No. 24086378 BROWNSTONE, P.A. 201 N. New York Ave. Suite 200 P.O. Box 2047 Winter Park, Florida 32790 Tele: 407.388.1900 Fax: 407.622.1511 Robert@brownstonelaw.com Counsel for Defendant-Appellant

CERTIFICATE OF CONFERENCE

On July 27, 2015, the office of undersigned counsel conferred with the assistant to

Alan Curry. Alan Curry does not oppose this motion.

/s/ Robert L. Sirianni, Jr. Robert L. Sirianni, Jr., Esq.

2 CERTIFICATE OF SERVICE

Undersigned hereby certifies that on this 1st day of August, 2015, the

foregoing document has been served by U.S. Mail, first-class postage prepaid, upon

the following:

Alan Curry Chief Prosecutor, Appellate Division Harris County District Attorney’s Office 1201 Franklin, Ste. 600 Houston, TX 77002

CERTIFICATE OF COMPLIANCE

Undersigned counsel certifies that the body of this document contains 256

words according to Microsoft Word.