Fernando Razo v. State

Opinion

ACCEPTED

01-15-00290-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 9/3/2015 9:53:08 AM CHRISTOPHER PRINE

CLERK

No. 01-15-00290-CR

In the Court of Appeals for the FILED IN

1st COURT OF APPEALS

First District of Texas at Houston HOUSTON, TEXAS

9/3/2015 9:53:08 AM

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CHRISTOPHER A. PRINE

Clerk

No. 1416480

In the 208th District Court of Harris County, Texas

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FERNANDO RAZO

Appellant

v.

THE STATE OF TEXAS

Appellee

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APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLATE BRIEF

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TO THE HONORABLE COURT OF APPEALS OF TEXAS:

COMES NOW APPELLANT, in accordance with Rules 2, 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 his appellate brief in this cause, and, in support

thereof, presents the following:

1. On March 16, 2015, appellant was convicted in the 208th District

Court of Harris County, Texas of the felony offense of Intoxication Manslaughter

in cause number 1416480, The State of Texas v. Fernando Razo. He was

sentenced to 10 tears confinement in the Texas Department of Criminal Justice –

Institutional Division.

2. Appellant filed a timely and written notice of appeal on March 16,

2015.

3. The reporter’s record was filed on July 27, 2015. The clerk’s record

was filed on May 8, 2015. Appellant’s brief was initially due on August 26, 2015.

Appellant has not requested any previous extensions.

4. Appellant respectfully requests an extension of time of sixty (60) days

until October 25, 2015 in which to file his brief.

5. The additional facts relied upon to explain the need for this extension

are as follows:

Appellant retained undersigned counsel to represent him on appeal. A motion to permit his then-counsel of record to withdraw and allow for the substitution of undersigned counsel was filed with this Court on August 7, 2015. This Court did not rule on said motion until September 3, 2015.

Although undersigned counsel has begun reviewing the record, he has not had an opportunity to sufficiently identify and research the issues in this case and needs more time to do so and properly present all viable issues to this Court.

WHEREFORE PREMISES CONSIDERED, appellant prays that this Court

will grant an extension of time until October 25, 2015, in which to file his appellate

brief in this case.

Respectfully Submitted,

/s/ T. Brent Mayr T. Brent Mayr SBN 24037052 Law Office of Brent Mayr, P.C. 4101 Washington Ave., 2nd Floor Houston, TX 77007 713.808.9613 713.808.9991 FAX bmayr@bmayrlaw.com

ATTORNEY FOR FERNANDO RAZO

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing motion has been served on the

attorney for the State, Alan Curry, pursuant to Texas Rule of Appellate Procedure

9.5 (b)(1), through Appellant’s counsel’s electronic filing manager on September

3, 2015.

/s/ T. Brent Mayr Law Office of Brent Mayr, P.C. ATTORNEY FOR FERNANDO RAZO