Curtis Sylvester Babers v. State

Opinion

ACCEPTED 01-15-00409-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 10/26/2015 12:00:00 AM CHRISTOPHER PRINE CLERK

NO. 01-15-00409-CR

IN THE FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS COURT OF APPEALS FOR THE FIRST SUPREME JUDICIAL DISTRICT OF 8:00:00 10/26/2015 TEXASAM CHRISTOPHER A. PRINE Clerk AT HOUSTON ....................................................................................................................................

TRIAL COURT NO. 1299015

IN THE 209TH DISTRICT COURT

OF HARRIS COUNTY, TEXAS ....................................................................................................................................

CURTIS SYLVESTER BABERS, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE ....................................................................................................................................

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF ....................................................................................................................................

Charles Hinton P.O. Box 53719 Houston, Texas 77052-3719 832-603-1330 chashinton@sbcglobal.net SBOT #09709800 Attorney for Appellant TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS

FOR THE FIRST SUPREME JUDICIAL DISTRICT:

Comes now appellant, Curtis Sylvester Babers, pursuant to TEX. R. APP.

PROC. 10.5(b) and 38.6 and moves the Court for an extension of time to file

appellant's brief, and in support shows the following:

(A) the deadline for filing appellant's brief is October 28, 2015.

(B) the length of the extension sought is until November 16, 2015.

(C) the facts relied upon to reasonably explain the need for an extension

are:

Appellant's attorney has been preparing for jury trial in the following cases

in the 209th District Court:

1. The State of Texas vs. Marvin Windom, cause numbers 1342650

(Aggravated Assault-habitual indictment) and 1342651 (burglary of a habitation-

habitual indictment), set for jury trial the week of October 5, 2015. The cases

were disposed of by way of a plea bargain on October 9, 2015 in the Impact

Court.

2. The State of Texas vs. Russell Loge, cause number 1181851 (aggravated

sexual assault of a child), set for jury trial the week of October 19, 2015. The case

was reset to November 2, 2015. 3. The State of Texas vs. Jaquan Bogany, cause number 1361283 (murder),

set for jury trial the week of October 19, 2015. The case has been carried to

Monday, October 26, 2015. Both the State and the Defense were informed by the

Court that our case will start trial on that date in the Impact Court,

4. The State of Texas vs. Alexander Ascencio, cause number 1302016

(aggravated sexual assault of a child), set for jury trial the week of November 9,

2015 in the Impact Court.

5. The State of Texas vs. John Davis, cause number 1364895 (aggravated

sexual assault of a child), set for jury trial the week of November 9, 2015 in Impact

(D) Two previous extensions has been granted.

Wherefore, undersigned counsel prays this honorable court to extend the

time for filing appellant's brief until November 16, 2015.

Respectfully submitted,

/s/Charles Hinton Charles Hinton P.O. Box 53719 Houston, Texas 77052-3719 832-603-1330 chashinton@sbcglobal.net SBOT #09709800 Attorney for Appellant CERTIFICATE OF SERVICE

I certify that a copy of this motion has been electronically served upon Alan

Curry, Chief Prosecutor, Appellate Division, Harris County District Attorney's

Office, 1201 Franklin St., Ste. 600, Houston, Texas 77002 on October 25, 2015.

/s/Charles Hinton Charles Hinton

CERTIFICATE OF COMPLIANCE

Appellant certifies that the word count of this document is 479.