Curtis James Simond v. State

Opinion

ACCEPTED

14-14-00633-CR

FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 2/5/2015 1:12:00 PM CHRISTOPHER PRINE

CLERK

NO. 14-14-00633-CR

IN THE COURT OF APPEALS FILED IN 14th COURT OF APPEALS

HOUSTON, TEXAS

FOURTEENTH DISTRICT 2/5/2015 1:12:00 PM CHRISTOPHER A. PRINE

Clerk

HOUSTON, TEXAS

NO. 1405231

IN THE TRIAL COURT

337TH JUDICIAL DISTRICT

HARRIS COUNTY, TEXAS

CURTIS JAMES SIMOND § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

MOTION FOR EXTENSION OF TIME FOR FILING APPELLANT'S BRIEF

ALLEN C. ISBELL 202 Travis, Suite 208 Houston, Texas 77002 713/236-1000 Fax: 713/236-1809 STATE BAR NO. 10431500

COUNSEL ON APPEAL

TO THE HONORABLE COURT OF APPEALS:

COMES NOW CURTIS JAMES SIMOND, appellant, by and through his

counsel on appeal, and respectfully requests this Honorable Court grant an

Extension of Time for Filing an Appellant's Brief. The present date for filing

the Brief is February 5, 2015, and it is respectfully requested that said time be

extended until April 6, 2015. For cause, appellant would show the Court as

follows:

I.

On November 12, 2014, appellant was convicted of Aggravated Assault

of a Family Member, in the 337th District Court of Harris County, Texas entitled

The State of Texas vs. CURTIS JAMES SIMOND, in Cause Number 1405231

and was sentenced to eleven (11) years confinement in the Texas

Department of Criminal Justice, Institutional Division. No Motion for New Trial

was filed. Written Notice of Appeal was given July 30, 2013.

II.

Counsel is unable to timely file the Brief within the time period from the

first extension of filing the Reporter’s Record for the following reasons:

1. Counsel is presently working on the following Brief for Appellant: Dains v. State, No. 14-14-00816-CR; Gates v. State, No. 14-14- 00795-CR; Rivera v. State, No. 01-14-00957-CR;

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2. Counsel was in trial in the following matter from January 27, 2015 through January 30, 2015: In the Matter of L. M., No. 2011- 04644J;

3. Counsel is currently preparing for the following criminal trials:

• State vs. Reyes, No. 1313736 (Capital Murder)(set to begin February 9, 2015);

• State vs. Davis, No. 1388874 & 1312337 (Evading Arrest)(set to begin February 9, 2015);

• State vs. Aguilar, No. 1370058 (Murder)(set to begin February 16, 2015);

• State vs. Hobbs, Nos. 1322693, 1322694, 1322764, 1322796, 1323767, 1324124, & 1324125 (Agg Sexual Assault, Aggravated Kidnaping, Aggravated Assault, Capital Murder, & Murder).

4. Counsel has recently represented the following in court: State vs. Bonds, No. 1436427; State vs. Caplan, No. 1449686; State vs. Chapman, Nos. 1945284, 1945285, & 1945286; State vs. Delce, No. 1449773; State vs. Earls, No. 1388874; State vs. Faulwell, No. 1438334; State vs. Ferguson, Nos. 1445692; State vs. Holliman, No. 1443652; State vs. Hutchins, No. 1395799; State vs. Lightfoot, Nos. 1415378, 1415379, 1420878, & 1436565; State vs. Magee, Nos. 1392085, 1386835, 1387732, & 1386809; State vs. Nash, No. 1444389; Payne vs. Payne, No. 12-DCV- 201630; State vs. Peters, No. 1447571; State vs. Pinnock, Nos. 1435200 & 1393885; State vs. Rivas, Nos. 1441514, 1441515, & 1441646; State vs. Roby, No. 1445825; State vs. Simmons, No. 1434147; State vs. Smith, No. 1436342; State vs. Stacy, No. 1444450; State vs. Terrell, No. 1426152; State vs. Thedford, Nos. 1408153 & 1408154; State vs. Ward, Nos. 1284273, 1297205, & 1297206;

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III.

Counsel feels that if the additional time is granted, the Brief in this cause

will be filed timely.

IV.

This is the first (1st) extension requested.

V.

This motion is urged at the first opportunity as appellant is indigent and

will suffer irremediable harm if it is not granted.

WHEREFORE, PREMISES CONSIDERED, appellant prays that this

Honorable Court grant this extension of time in which to file the appellant's

Brief until April 6, 2015.

Respectfully submitted,

/s/ Allen C. Isbell ALLEN C. ISBELL 202 Travis, Suite 208 Houston, Texas 77002 713/236-1000 Fax No. 713/236-1809 STATE BAR NO. 10431500 email: allenisbell@sbcglobal.net

COUNSEL ON APPEAL

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Certificate of Service

I hereby certify that on this 5th day of February, 2015, a true and correct

copy of the foregoing motion was sent to the District Attorney's Office,

Appellate Division, and to Mr. Curtis James Simond, appellant.

/s/ Allen C. Isbell ALLEN C. ISBELL

Certificate of Compliance

The undersigned attorney on appeal certifies this motion is computer

generated and consists of 690 words. Counsel is relying on the word count

provided by the Word Perfect computer software used to prepare the motion.

/s/ Allen C. Isbell ALLEN C. ISBELL