Dionysios Spiro Kosmetatos v. State

Opinion

ACCEPTED 01-15-00095-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 7/28/2015 12:01:06 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00095-CR 01-15-00094-CR FILED IN IN THE COURT OF APPEALS 1st COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS 7/28/2015 12:01:06 PM CHRISTOPHER A. PRINE Clerk DIONYSIOS SPIRO KOSMETATOS Appellant

v.

THE STATE OF TEXAS Appellee

On Appeal from Cause Number 1449194 & 1414418 From the 338th District Court of Harris County, Texas

APPELLANT’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE AN APPELLATE BRIEF

To the Honorable Court of Appeals of Texas:

Comes now Appellant, in accordance with Rules 10.5(b)(1) and 38.6(d) of the

Texas Rules of Appellate Procedure, and files this motion for extension of time in

which to file the Appellant’s brief in this cause, and, in support thereof, presents the

following: 1. In the 338th District Court of Harris County, Texas, following a jury trial,

Appellant was sentenced on January 15, 2015 in Cause No. 1449194 &

1414418 The State of Texas v. Dionysios Spiro Kosmetatos.

2. For two counts of Aggravated Assault – Public Servant, Appellant was

sentenced to forty years in the Texas Department of Corrections.

3. A written notice of appeal was timely filed on January 16, 2015.

4. The Appellant’s brief was due June 22, 2015.

5. An extension of time in which to file the Appellant’s brief is requested until

October 22, 2015.

6. Two previous extensions have been granted to the Appellant.

7. The facts relied upon to explain the need for this extension are:

a. Appellant’s counsel gave birth to a baby earlier than expected and is

out on maternity leave.

Consequently, additional time will be necessary in which to file Appellant’s

brief in this case. The Appellant’s motion is not for purposes of delay, but so that

justice may be done.

WHEREFORE, the Appellant prays that this Court will grant an additional

extension of time until October 22, 2015 in which to file Appellant’s brief in this

cause.

2 Respectfully submitted,

LAW OFFICE OF TONYA ROLLAND

/s/ Tonya Rolland McLaughlin____ Tonya Rolland McLaughlin 4301 Yoakum Boulevard Houston Texas 77006 Phone: (713) 529-8500 Fax: (713) 453-2203 TBN 24054176

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument has been delivered via email to the following:

Alan Curry Chief Prosecutor, Appellate Division Harris County District Attorney’s Office 1201 Franklin Suite 600 Houston, Texas 77002-1923

_/s/ Tonya Rolland McLaughlin__ Tonya Rolland McLaughlin Attorney for Appellant