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No. 01-15-00239-CR

OSCAR RENE RIVERA § IN THE FIRST DISTRICT

 §

VS. § COURT OF APPEALS

 §

THE STATE OF TEXAS § OF TEXAS

MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT OF APPEALS:

COMES NOW Oscar Rene Rivera, Appellant, by and though his 

undersigned attorney of record, and files this Motion to Extend Time to File 

Appellant’s brief herein, and as sufficient cause therefore shows the following 

facts within the personal knowledge of Appellant’s attorney:

I.

Appellant was indicted for the felony offense of Indecency With a Child. 

Appellant pled not guilty and proceeded to trial. The trial jury found Appellant 

guilty and sentenced him to 10 years on community supervision. Appellant filed 

timely written notice of appeal.

II.

On June 30, 2015, Appellant’s attorney received notice from this Honorable 

Court of Appeals that Appellant’s motion to extend time to file Appellant’s brief 

had been granted, making Appellant’s brief due on or before July 27, 2015.

ACCEPTED

01-15-00239-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

7/27/2015 6:40:52 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/27/2015 6:40:52 PM CHRISTOPHER A. PRINE Clerk
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III.

Appellant’s attorney hereby requests that the due date for Appellant’s brief 

be extended by a period of 30 days until August 26, 2015. This is Appellant’s third

request for an extension in this matter.

IV.

The facts relied upon to reasonably explain the need for the requested 

extension are as follows:

Appellant’s attorney is a solo practitioner who had a full schedule of court 

appearances on numerous pending felony cases since June 30, 2015. In addition, 

during this same period Appellant’s attorney was involved in pre-trial preparations

in five pending felony trial cases, four of which were set for jury trial the week of 

July 6, 2015. Further, Appellant’s attorney was involved in reviewing records and 

researching points of error in nine other pending direct appeals, including three 

with briefs filed the week of July 6, 2015. 

Given the foregoing facts, Appellant’s attorney did not have adequate time 

available to properly review the appellate record, fully research potential points of 

error, and draft and file an appropriate appellate brief on Appellant’s behalf by the 

current due date of July 27, 2015.
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WHEREFORE, ALL PREMISES CONSIDERED, Appellant prays that this 

Honorable Court of Appeals will grant this motion and extend the time to file 

Appellant’s brief for a period of 30 days to August 26, 2015.

Respectfully Submitted,

/s/ Randall J. Ayers

_________________________

Randall J. Ayers

Attorney for Appellant

State Bar #01465950

P.O. Box 1569

Houston, Texas 77251-1569

rjayerslaw@comcast.net (e-mail)

281-493-6333 (office)

281-493-9609 (fax)
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CERTIFICATE OF SERVICE

I certify that I served the foregoing motion on the District Attorney of Harris 

County, Texas, by sending a copy to Mr. Alan Curry, Chief of the Appellate 

Division, Harris County District Attorney’s Office, via electronic service to 

curry_alan@dao.hctx.net on July 27, 2015. 

/s/ Randall J. Ayers

_________________________

Randall J. Ayers

Attorney for Appellant

State Bar #01465950

P.O. Box 1569

Houston, Texas 77251-1569

rjayerslaw@comcast.net (e-mail)

281-493-6333 (office)

281-493-9609 (fax)

CERTIFICATE OF COMPLIANCE

Pursuant to the provisions of Rule 9(i)(3) of the Texas Rules of Appellate 

Procedure I certify that this document contains 531 words.

/s/ Randall J. Ayers

_________________________

Randall J. Ayers

Attorney for Appellant

State Bar #01465950

P.O. Box 1569

Houston, Texas 77251-1569

rjayerslaw@comcast.net (e-mail)

281-493-6333 (office)

281-493-9609 (fax)