Joseph Juan Facundo v. State

Opinion

ACCEPTED

01-15-00279-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

9/8/2015 6:10:13 PM

CHRISTOPHER PRINE

CLERK

No. 01-15-00279-CR

In the FILED IN 1st COURT OF APPEALS

COURT OF APPEALS HOUSTON, TEXAS For the 9/8/2015 6:10:13 PM FIRST JUDICIAL DISTRICT CHRISTOPHER A. PRINE Clerk

at Houston, Texas

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 FOURTEENTH COURT OF APPEALS:

COMES NOW, Joseph Juan Facundo, Appellant herein, by and through his attorney of record, Patrick F. McCann, and files this, his Final Motion for Extension of Time. In support of said motion, Appellant would respectfully show the Court the following:

1) Appellant’s brief was due on August 27, 2015, however, exceptional

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circumstances exist that warrant the grant of a final extension in time in which to file Appellant’s brief to protect Appellant’s state and federal rights.

2) This request is for 45 days only.

3) The undersigned counsel, a solo practioner, lost his office assistant of several year two weeks ago.

4) The undersigned has been preparing a death brief in Rivers v. State to Trial in State v. Sciacca in the 179th District Court, is filing a brief on a non-death capital Monday in Sam v. State, is preparing a brief on an Aggravated Robbery in Villa Senor v. State, and is preparing for a trial later this month on a capital case in the Court of Criminal Appeals, a death brief to the Fifth Circuit in Norris v. Stephens, filed a Motion for New State of Texas v. Lopez, though it is possible that case may be re-set or pled.

4) This case, though older, was sent back to the trial court for reassignment, and the record is voluminous. The Court of Appeals in its order specifically disagreed with the appellate attorney, who was also the trial attorney, and who was removed as counsel of record by order of the Court, as to the presence of any arguable points of error, and thus the undersigned wishes to carefully review this extensive record for arguable points of error.

For the reasons set forth above, Appellant respectfully requests that he be

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granted an extension of forty-five (45) days from this date so that his brief in this case will now be due on October 23, 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, and that the Court further grant any additional relief to which he may be justly entitled.

DATED this 8th day of September, 2015.

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 September 8, 2015, a true and correct copy of the above and foregoing document was duly served by either prepaid U. S. Mail or by Hand-Delivery upon the following:

District Attorney Harris County, Texas 1201 Franklin Street, 6th Floor Houston, Texas 77002

/s/ Patrick F. McCann

Patrick F. McCann