Walter Harvey Ballard, Jr. v. State

Opinion

ACCEPTED 01-15-00275-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 9/2/2015 6:30:19 AM CHRISTOPHER PRINE CLERK

IN THE FIRST COURT OF APPEALS Sitting at Houston, TX FILED IN 1st COURT OF APPEALS NO. 01-15-00275-CR HOUSTON, TEXAS 9/2/2015 6:30:19 AM CHRISTOPHER A. PRINE WALTER BALLARD, Clerk Appellant,

Versus

THE STATE OF TEXAS, Appellee. Appeal from the 183rd Judicial District Court Harris County, Texas- Cause No. 1390115 Honorable Vanessa Velasquez Presiding

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

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

MAVERICK J. RAY, undersigned counsel for Appellant, respectfully

moves for an extension of time to file Appellant's Opening Brief and for cause

would show as follows:

1.! Appellant was convicted of Possession of a Child Pornography in Cause No. 1390115. 2.! Timely notice of appeal was given.

3.! The time for filing Appellant's brief expired on August 28, 2015. The failure

to seek an extension prior to that time was not intentional or deliberate.

4.! Counsel has had six jury trials set which has caused counsel to spend extra time prepping for trial and has not allowed significant time to finish the brief

in this case. Further, Appellant has moved around between five different

facilities since his incarceration in March of this year and numerous

communications, documents, and writings concerning Appellant’s brief sent

back and forth between counsel and Appellant have failed to reach its proper

destination causing certain issues to not be ready to submit for review.

5.! Granting leave to file and extending the time for filing the Appellant's

Opening Brief will work no prejudice to the State of Texas in the preparation

and filing of the Appellee's Brief

6.! This request is being made not for the purpose of delay but that justice may

be done and that Appellant may realize his right to appeal.

7.! Appellant is requesting an extension of at least two months.

For all of the reasons set forth above. Appellant requests and pays this Court

to enter an order granting an extension for the time to file Appellant's Opening

Brief.

Respectfully Submitted,

/s/ Maverick J. Ray

MAVERICK RAY 1419 Franklin ST. Houston, Texas 77002 Telephone: (281) 947-2007 Facsimile: (713) 714-2225 SBN: 24080451 CERTIFICATE OF SERVICE

Undersigned counsel certifies that a true and correct copy of the above and foregoing Motion for Extension of time to file Brief has been this day placed in the United States Mail, postage prepaid, addressed to the office of the Harris County District Attorney's office, appellate division, 1201 Franklin, Ste. 600, Houston, Texas 77002.

/s/ Maverick J. Ray MAVERICK J. RAY