Segismundo Gonzalez v. State

• Court: Court of Appeals of Texas
• Decided: February 26, 2015
• Docket: 01-14-00861-CR
• Status: Published

Opinion

ACCEPTED 01-14-00861-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 2/26/2015 10:35:58 AM CHRISTOPHER PRINE CLERK

No. 01-14-00861 –CR

COURT OF APPEALS FILED IN 1st COURT OF APPEALS FIRST DISTRICT OF TEXAS HOUSTON, TEXAS 2/26/2015 10:35:58 AM HOUSTON CHRISTOPHER A. PRINE Clerk

SEGISMUNDO GONZALEZ, APPELLANT v. STATE OF TEXAS, APPELLEE

APPELLANT’S SECOND MOTION FOR EXTENSION OF TIME

TO FILE THE APPELLATE BRIEF

To the Honorable Justices of Said Court:

Comes now, SEGISMUNDO GONZALEZ, by and through his attorney of

record, Leah M. Borg, and files this “Second Motion for Extension of Time to File

the Appellate Brief” and for good cause would show the following:

1. APPELLANT’S attorney of record has not had sufficient time to complete

and timely file the appellate brief due to the nature of the case against

APPELLANT; the length of the record; and Counsel’s previously scheduled

court appearances and client commitments.

1 2. Further, this appeal is taken from a hearing on a Pre-Sentence

Investigation/Report. In an effort to avoid filing an Anders brief, Counsel

has attempted to develop various points of error; most of which, as a result

of research, Counsel has concluded would not be successful, as being

unsupported by the law.

3. Counsel is presently developing a particular point of error, which may be

successful upon appeal. Counsel requires additional time to finalize this

point of error and finalize the appellate brief draft.

4. Counsel believes she will file the appellate brief on or before Monday,

March 2, 2015, but out of an abundance of caution is requesting an extension

of time through Wednesday, March 4, 2015.

Therefore, Counsel requests the extension of time to in order to complete

and file the appellate brief.

Wherefore, premises considered, the APPELLANT requests an extension of

time to file the appellate brief be granted and for such and other relief to which

this Court deems APPELLANT justly entitled.

Respectfully submitted,

2 ________________________________ Leah M. Borg Attorney for APPELLANT 874 Yorkchester No. 123 Houston, Texas 77079 Texas Bar No. 02667800 Email: borg579@att.net

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above Motion was delivered to the District Attorney, Appellate Division:

Alan Curry 1201 Franklin Houston, Texas 77002

On Feb. 26, 2015, in accordance with the Texas Rules of Appellate Procedure through: the efile system or by mailing through the USPS.

_____________________________

Leah M. Borg

ATTORNEY FOR APPELLANT

3 LEAH M. BORG ATTORNEY AT LAW 874 YORKCHESTER NO. 123 HOUSTON, TEXAS 77079 TEL. & FAX: 713-468-3618 EMAIL: borg579@att.net Texas Bar No. 02667800

First Court of Appeals 301 Fannin Houston, Texas 77002-2066

Attn: Christopher Prine

Re: SEGISMUNDO GONZALEZ v. THE STATE OF TEXAS Appellate Number: 01-14-00861-CR Trial Court Number: 1388920; 184th District Court of Harris County, Texas

To Christopher Prine, the Clerk of the Court: Feb. 26, 2015

Attached please find for filing the APPELLANT’S “Second Motion for Extension of Time to File the Appellate Brief.” A copy of this Motion will be provided to the District Attorney’s Office in accordance with the Rules of Appellate Procedure.

Total number of pages Motion and cover sheet: 4 pp.

Thank you for your attention to this matter.

Attorney for Appellant Segismundo Gonzalez Texas Bar No. 02667800