Luis Terraza Duran v. State

• Court: Court of Appeals of Texas
• Decided: June 15, 2015
• Docket: 05-15-00171-CR
• Status: Published

Opinion

ACCEPTED 05-15-00171-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 6/15/2015 12:38:02 PM LISA MATZ CLERK

CAUSE NO. 05-15-00171-CR

LUIS TERRAZA DURAN COURT OF APPEALS FILED IN 5th COURT OF APPEALS DALLAS, TEXAS VS. FIFTH DISTRICT OF 6/15/2015TEXAS 12:38:02 PM LISA MATZ THE STATE OF TEXAS Clerk AT DALLAS

MOTION FOR LEAVE TO FILE SECOND MOTION TO EXTEND TIME TO LATE-FILE APPELLANT'S ORIGINAL BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes LUIS TERRAZA DURAN, Appellant in the above styled and

numbered cause, and moves this Court to grant leave to file a second motion for the

extension of time to late-file appellant's original brief, pursuant to Rule 38.6 of the

Texas Rules of Appellate Procedure, and for good cause shows the following:

1. This case is on appeal from the 366 th Judicial District Court of Collin

County, Texas.

2. The case below was styled the STATE OF TEXAS vs. LUIS TERRAZA

DURAN, and numbered 366-82853-2011.

3. Appellant was convicted of two counts of Aggravated Sexual Assault

and one count of Indecency with a Child by Contact.

Appellant's Motion for Leave to File Second Motion to Extend Time to Late-File Appellant's Brief Page 1 of 5 4. Appellant was assessed a sentence of fifty-five (55) years to the

Institutional Division of the Texas Department of Criminal Justice and seventeen (17)

years to the Institutional Division of the Texas Department of Criminal Justice. The

sentences were ordered to run concurrently.

5. Notice of appeal was given on February 6, 2015.

6. The clerk's record was filed on April 7, 2015; the reporter's record was

filed on April 6, 2015.

7. The appellant's original brief was due on May 7, 2015.

8. Appellant was previously given an extension of time of twenty-five (25)

days from the date of May 11, 2015, to file appellant's original brief on June 5, 2015.

9. Counsel for Appellant requests for the final time an extension of time of

ten (10) days from the date of June 5, 2015, to file Appellant's Original Brief on June

15, 2015.

10. Defendant is currently incarcerated.

11. Appellant relies on the following facts as good cause for the requested

extension:

Appellant's Motion for Leave to File Second Motion to Extend Time to Late-File Appellant's Brief Page 2 of 5 Counsel for Appellant has prepared for and/or participated in no less than two

criminal bench trials, three criminal jury trials, one family law bench trial, and two

family law contested/emergency hearings. Counsel for Appellant has also appeared at

criminal dockets in Collin, Dallas, Denton, and Hunt Counties, resetting misdemeanor

and felony cases, reaching plea bargains, participating in contested motion hearings

and bench/jury pre-trial arraignments as well. Additionally, Counsel for Appellant

has been responsible for the care of his 10-year old daughter for the past two (2)

weeks due to medical issues with her mother. Counsel for Appellant has been unable

to work without constant interruption which has caused significant delay in

submitting this Brief to the Court. Counsel for Appellant offers his sincerest apology

and respectfully asks the Court to grant this final extension.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court

grant this Motion for Leave to File Second Motion to Extend Time to Late-File

Appellant's Brief, and for such other and further relief as the Court may deem

appropriate.

Appellant's Motion for Leave to File Second Motion to Extend Time to Late-File Appellant's Brief Page 3 of 5 Respectfully submitted,

MARC J FRATTER 1207 West University Drive, Suite 101 McKinney, Texas 75069 Tel: (214) 471-3434 Fax: (972) 424-4719 mfratter@yahoo.corn

By: /s'/ Marc" J. Fra,11-e,r Marc J. Fratter State Bar No. 24029973 Attorney for LUIS TERRAZA DURAN

CERTIFICATE OF SERVICE

This is to certify that on June 15, 2015, a true and correct copy of the above and

foregoing document was served on the District Attorney's Office, Collin County,

Texas, by hand delivery.

/si Marc, J. Froul-i-e-r Marc J. Fratter

Appellant's Motion for Leave to File Second Motion to Extend Time to Late-File Appellant's Brief Page 4 of 5 STATE OF TEXAS § § COUNTY OF COLLIN §

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared

Marc J. Fratter, who after being duly sworn stated:

"I am the attorney for the appellant in the above numbered and entitled

cause. I have read the foregoing Motion to Extend Time to Late-File

Appellant's Brief and swear that all of the allegations of fact contained

therein are true and correct."

► 4Actc Cr , FP0t-t_ EQ Marc J. Fratter A ffiant

SUBSCRIBED AND SWORN TO BEFORE ME on IS- 2015, to

certify which witness my hand and seal of office.

-AI, In An An

EUZASETH JUSTICE 1C-C My Commission Wins January 17, 2019 Notary Pu , State 2 f Texas I

Appellant's Motion for Leave to File Second Motion to Extend Time to Late-File Appellant's Brief Page 5 of 5