Joseph Garner v. State

Opinion

ACCEPTED 01-15-00651-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 12/8/2015 10:12:59 AM CHRISTOPHER PRINE CLERK

CAUSE NO. 01-15-00651-CR FILED IN 1st COURT OF APPEALS JOSEPH GARNER, § IN THE COURT HOUSTON, OF APPEALS TEXAS APPELLANT § 12/8/2015 10:12:59 AM § CHRISTOPHER A. PRINE VS. § 1ST JUDICIAL DISTRICT Clerk § THE STATE OF TEXAS, § APPELLEE § AT HOUSTON, TEXAS

CASE NO. 1423865

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § HARRIS COUNTY, TEXAS § JOSEPH GARNER § 339TH JUDICIAL DISTRICT

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

TO THE HONORABLE JUDGES OF SAID COURT:

COMES JOSEPH GARNER, appellant, by and through his attorney of record, KURT B.

WENTZ, who files this Appellant’s First Motion for Extension of Time to File Appellant’s Brief

and in support thereof would show this Court as follows:

I.

The appellant was found guilty of indecency with a child and sentenced to ten (10) years

confinement in the Institutional Division of the Texas Department of Criminal Justice.

II.

The appellant’s brief was originally due on or about November 22, 2015.

III.

The attorney for the appellant is a sole practitioner who has not been able to complete the

appellant’s brief because of his involvement in the death penalty case entitled The State of Texas 1 v. William Mason in the 228th District Court of Harris County, Texas.

IV.

There have been no prior requests for an extension of time to file the appellant’s brief in

this cause.

V.

Because of a heavy trial schedule and other appellate deadlines an extension of time to

February 15, 2016 is requested for the filing of the appellant’s brief.

VI.

This motion is not intended for the purposes of delay but only so that justice may be

done.

WHEREFORE, PREMISES CONSIDERED, the appellant prays that the Court grant this

motion and extend the time for the filing of the Appellant’s brief to February 15, 2016.

Respectfully submitted,

/s/Kurt B. Wentz____________________________ KURT B. WENTZ 5629 Cypress Creek Parkway, Suite 115 Houston, Texas 77069 Phone: 281/587-0088 e-mail: kbsawentz@yahoo.com State Bar No. 21179300 ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

I, Kurt B. Wentz, hereby certify that a true and correct copy of this motion was submitted

to the Assistant District Attorney for Harris County, Texas presently handling this Cause on the 2 8th day of December, 2015.

/s/Kurt B. Wentz___________________________ KURT B. WENTZ