Joseph Juan Facundo v. State

Opinion

ACCEPTED

01-15-00279-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 7/23/2015 4:58:51 PM CHRISTOPHER PRINE

CLERK

No. 01-15-00279-CR

In the FILED IN 1st COURT OF APPEALS

COURT OF APPEALS HOUSTON, TEXAS For the 7/23/2015 4:58:51 PM FIRST JUDICIAL DISTRICT CHRISTOPHER A. PRINE Clerk

at Houston

On Appeal from the 338th Judicial District Court of Harris County, Texas in Cause Number 1344346

JOSEPH JUAN FACUNDO, Appellant v.

THE STATE OF TEXAS, Appellee

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APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF

______________________________

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

COMES NOW, Joseph Juan Facundo, Appellant herein, by and through his

attorney of record, Patrick F. McCann, and files this, his Motion for Extension of

Time. In support of said motion, Appellant would show the Court the following:

1. Counsel has a death appellee’s brief due to the Fifth Circuit on August 3rd and a Certificate of Appealability due the same day in Norris v. Stephens.

2. Counsel had sought and obtained a continuance of a federal medicare fraud case in United States v. Tsolak Gevorgyan but upon government objection, the

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federal district court judge reinstated the August 17th trial date so we are now headed to jury trial in this matter beginning August 17th. Counsel must prepare to represent his client in this very complex fraud case.

3. Counsel is also preparing for a non-death capital trial in State of Texas v. Rene Lopez in the 180th district court.

4. Counsel is working on an appellate brief on a death penalty appeal in Rivers v. State.

5. For the reasons set forth above, Appellant respectfully requests that he be granted an extension of thirty (30) days so that his brief in this case will now be due on August 27th, 2015, and the Court will accept the filed brief.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests that

this Court grant his Motion for Extension of Time.

Respectfully submitted, The Law Offices of Patrick McCann

By: /s/ Patrick F. McCann Patrick F. McCann SBN: 00792680 909 Texas Avenue, Suite 205 Houston, Texas 77002 Phone: (713) 223-3805 eFax: (281) 667-3352

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CERTIFICATE OF SERVICE

This is to certify that on July 23, 2015, a true and correct copy of the above and foregoing document was served on:

Mr. Alan Curry Via email: Curry_Alan@dao.hctx.net Chief Prosecutor, Appellate Division Harris County District Attorney’s Office 1201 Franklin Street, Ste. 600 Houston, TX 77002-1923

/s/ Patrick F. McCann Patrick F. McCann