Luis Ruiz Sierra v. State

Opinion

ACCEPTED 01-14-00493-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 10/12/2015 12:00:00 AM CHRISTOPHER PRINE CLERK

NO. 01-14-00493-CR FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/10/2015 4:18:24 PM CHRISTOPHER A. PRINE Clerk IN THE COURT OF APPEALS

OF TEXAS

FIRST SUPREME JUDICIAL DISTRICT

LUIS RUIZ SIERRA, 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. 1396147

STATE OF TEXAS § IN THE DISTRICT COURT § VS. § HARRIS COUNTY,TEXAS § LUIS RUIZ SIERRA § 182ND JUDICIAL DISTRICT

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

NOW COMES LUIS RUIZ SIERRA, 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 burglary of a

habitation with the intent to commit the felony of sexual assault.

Punishment was assessed at thirty years confinement. Notice of appeal

and the certification of appellant’s right to appeal were timely filed.

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

September 28, 2015.

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

including the 30th day of October, 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:

1 a) For the past three weeks counsel has been preparing for the death penalty

trial in the case of State of Texas v. William Michael Mason, Cause Number

0620074, in the 228th District Court, scheduled to begin Monday, October

12, 2015.

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:

09/02/15 263rd District Court State v. Morris Agg.Robb

09/03/15 174th District Court State v. Perez Burg.Hab.

09/03/15 174th District Court State v. Moore Burg.Hab.

09/08/15 351st District Court State v. Robinson PCS

09/08/15 351st District Court State v. Casiano Agg. Asslt.

09/09/15 263rd District Court State v. Morris Agg. Robb.

09/10/15 263rd District Court State v. Lyons Agg. Robb.

09/11/15 351st District Court State v. Casiano Agg. Asslt.

09/11/15 174th District Court State v. Perez DWI

09/14/15 351st District Court State v. Casiano Agg. Asslt.

09/14/15 351st District Court State v. Haywood Agg.Sx.Asslt.

09/16/15 262nd District Court State v. Garcia Agg.Asslt.

09/17/15 174th District Court State v. Stevens Burg.Hab.

2 09/17/15 174th District Court State v. Scott Agg.Asslt.

09/17/15 174th District Court State v. Rodriguez Theft

09/17/15 179th District Court State v. Omarmustafa Agg.Asslt.

09/18/15 179th District Court State v. Aleman PCS

09/18/15 185th District Court State v. Denkins Cap. Murder

09/22/15 232nd District Court State v. Nixon Agg. Robb.

09/22/15 232nd District Court State v. Muscovalley Evading

09/23/15 228th District Court State v. Amaya Tampering

09/23/15 178th District Court State v. Banks Robbery

09/24/15 184th District Court State v. Boyd Agg. Robb.

09/24/15 228th District Court State v. Mason Cap. Murder

09/25/15 177th District Court State v. Jacobs Sx.Assslt.Ch

09/25/15 185th District Court State v. Denkins Cap.Murder

09/29/15 176th District Court State v. Cooper Eng.Org.Crm

09/29/15 174th District Court State v. Moore Agg.Asslt.

09/30/15 339th District Court State v. Tornes IDFraud

09/30/15 351st District Court State v. Batts Agg.Asslt.

09/30/15 262nd District Court State v. Garcia Agg.Asslt.

10/01/15 178th District Court State v. Rodriguez Cap.Murder

10/01/15 179th District Court State v. Nagel PCS

3 10/01/15 182nd District Court State v. Murdie PCS

10/01/15 174th District Court State v. Scott Agg.Asslt

10/02/15 174th District Court State v. Drayton Cap.Murder

10/05/15 174th District Court State v. Scott Agg.Asslt.

10/08/15 351st District Court State v. Robinson PCS

10/08/15 174th District Court State v. Rodriguez DWI

10/09/15 177th District Court State v. Azzeh Burg.Hab.

Counsel has had other cases in other counties not included in this list.

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 Ocktober

30, 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

4 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