Kevin Wimes v. State

Opinion

ACCEPTED 01-14-00824-cr FIRST COURT OF APPEALS HOUSTON, TEXAS 3/30/2015 12:21:07 PM CHRISTOPHER PRINE CLERK

NO. 01-14-00824-CR FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/30/2015 12:21:07 PM CHRISTOPHER A. PRINE Clerk IN THE COURT OF APPEALS

OF TEXAS

FIRST SUPREME JUDICIAL DISTRICT

KEVIN WIMES, APPELLANT

VS.

STATE OF TEXAS, APPELLEE

MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLANT’S BRIEF

TERRENCE GAISER LAWYER FOR APPELLANT 2900 SMITH STREET, # 220 HOUSTON, TEXAS 77006 SBOT# 07572500 713/ 225-0666 tagaiser@aol.com NO. 1431168

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

MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLANT’S BRIEF

NOW COMES KEVIN WIMES, appellant in the above-captioned

cause, by and through his attorney, TERRENCE GAISER, and files his

Motion for Extension of time within which to file Appellant’s Brief; for

which he would show:

1) This is an appeal from a conviction for the offense of aggravated sexual

assault of a child. Punishment was assessed at forty years confinement.

Notice of appeal was timely filed.

2) This is the first requested extension of time. The brief was due March

21, 2015.

3) Appellant would request an extension of time to file the brief to and

including the 20th day of April, 2015.

4) For good cause counsel for the appellant would show that he has not had

time to complete the brief in this cause for the following reasons:

a) When counsel was appointed in this case, counsel was not informed

that this appeal had been abated. Counsel assumed this appeal would follow the normal course of events and the record would be filed at a

future date. It was two weeks later that counsel learned through the

order of this court that the appeal had been abated.

b) Counsel has been in the criminal courts of the State of Texas in

Harris County, Texas, and surrounding counties on a daily basis since

the inception of this appeal as follows:

02/16/15 174th District Court State v. Villasenor Agg. Assault

02/16/15 Couny Court # 1 State v. Mitchell Theft

02/17/15 248th District Court State v. Mendez Sex. Asslt. Ch.

02/17/15 351st District Court State v. Delmar Asslt. Public Serv.

02/18/15 339th District Court State v. Tornes Identity Fraud

02/18/15 232nd District Court State v. Kimble Agg. Sex. Asslt.

02/18/15 232nd District Court State v. Collins Injury to a Child

02/19/15 179th District Court State v. Rhine Agg. Robb.

02/19/15 179th District Court State v. Nagel PCS

02/19/15 339th District Court State v. Nelson PCS

02/20/15 351st District Court State v. Haywood Sex. Asslt. Ch.

02/20/15 262nd District Court State v. Garcia Agg. Asslt. Pub. S.

02/20/15 351st District Court State v. Batts PCS

02/23/15 County Court # 6 State v. Reyes Assault 02/24/15 248th District Court State v. Fields DWI

02/25/15 178th District Court State v. Rodriguez Capital Murder

02/25/15 228th District Court State v. Amaya Tampering

02/25/15 178th District Court State v. Tolan Sex. Asslt. Ch.

02/26/15 337th District Court State v. Crocket Agg. Asslt.

02/26/15 177th District Court State v. Lee Arson

02/26/15 County Court # 6 State v. Munguia Theft

02/27/15 176th District Court State v. McDaniel Retaliation

03/03/15 County Court # 1 State v. Underwood Theft

03/03/15 178th District Court State v. Denkins Capital Murder

03/04/15 351st District Court State v. Robinson PCS

03/04/15 County Court # 10 State v. Frazier Assault

03/05/15 174th District Court State v. Meyer PCS

03/05/15 County Court # 7 State v. Branch POM

03/10/15 177th District Court State v. Torres Murder

03/10/15 351st District Court State v. Casiano Agg. Asslt.

03/11/15 176th District Court State v. Cooper Eng. Org. Crime

03/11/15 182nd District Court State v. Torres Capital Murder

03/12/15 263rd District Court State v. Lyons Agg. Robb.

03/12/15 179th District Court State v. Patrick Online Solicit. 03/12/15 179th District Court State v. Ferrell Capital Murder

03/12/15 179th District Court State v. Roberts PCS/MAJ

03/13/15 177th District Court State v. Magee Capital Murder

03/16/15 351st District Court State v. Batts PCS

03/17/15 337th District Court State v. Carter PCS

03/17/15 262nd District Court State v. Rose Sex. Asslt. Ch.

03/18//15 232nd District Court State v. Nixon Agg. Robb.

03/18/15 351st District Court State v. Ruiz Identity Fraud

03/19/15 County Court 1 [Galv.] State v. Muscovalley PCS

b) Counsel filed the brief in Gims v. State, # 01-14-00279-CR, Capital

Murder, on 03/20/15

c) Counsel has other briefs due in this Court and the 14th Court that he

is trying to complete.

WHEREFORE, PREMISES CONSIDERED, Appellant prays for an

extension of time to file the Appellant’s Brief to and including April 20,

2015.

RESPECTFULLY SUBMITTED, S/Terrence A. Gaiser TERRENCE A. GAISER LAWYER FOR APPELLANT 2900 SMITH STREET, # 220 HOUSTON, TEXAS 77006 SBOT# 07572500 tagaiser@aol.com CERTIFICATE OF SERVICE

I CERTIFY THAT A COPY OF THE ABOVE AND FOREGOING MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLANT’S BRIEF WAS SERVED ON ALL PARTIES ACCORDING TO THE RULES.

S/Terrence A. Gaiser TERRENCE A. GAISER