Rivers, Warren D.

Opinion

AP-77,051

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 8/4/2015 12:53:36 PM Accepted 8/4/2015 1:18:32 PM ABEL ACOSTA

IN THE COURT OF CRIMINAL APPEALS OF TEXAS CLERK

AT AUSTIN, TEXAS

FILED IN

NO. AP-77,051 COURT OF CRIMINALAPPEALS

August 4, 2015

ABEL ACOSTA, CLERK

On Appeal from the 228th Judicial District Court of Harris County, Texas • ( Ps A n in Cause Number 0475122 '*fV ^^P oirfOKsJraJ?

WARREN D. RIVERS, Appellant v.

THE STATE OF TEXAS, Appellee

UNOPPOSED

APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:

COMES NOW, Warren D. Rivers, Appellant herein, by and through his attorney of record, Patrick McCann, and files this, his Second Motion for Extension of Time. In support of said motion, Appellant would show the Court the following:

1. Counsel has just filed a death Certificate of Appealability in the Fifth Circuit on August 3rd in Norn's v. Stephens. The appellee's brief in that same case is due on September 2nd. 2. Counsel's continuance of a federal medicare fraud case in United States v. Tsolak Gregoryan was denied upon government objection, and the federal district court judge reinstated the August 19th trial date so we are now headed to jury trial in this matter beginning August 19th. 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 m. the 180th district court. 4. Counsel had originally requested a longer extension of time in his first application and now requests 90 days as per his original request.

5. This is a retrial on punishment for death and the record is extensive. Given the size of the record and the complexity of the issues for briefing, the additional time is necessary for a full and fair defense of Mr. Rivers. 6. This extension is sought in the interest of justice and not for delay.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests that

this Court grant his Second 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

CERTIFICATE OF SERVICE

This is to certify that on August 4th, 2015, a true and correct copy of the above and foregoing document was served on:

Mr. Alan Curry Chief Prosecutor, Appellate Division Harris County District Attorney's Office 1201 Franklin Street, Ste. 600 Houston, TX 77002-1923 Via e-Filing Pro-Doc Courtesy CopyService: Curry Alan(S)dao.hctx.net

By: /s/Patrick F. McCann

Patrick F. McCann