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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 b rief 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 s enten ced him to 1 0 years on community supervision

. A ppellant filed timely written notice of appeal

. II.
On June 30 , 201 5 , 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 Ju ly 2 7 , 201 5

. ACCEPTED 01-15-00239-CR FIRST COURT OF APPEALS

HOUSTON, TEXAS 7/27/2015 6:40:52 PM CHRISTOPHER PRINE

CLERK2 I II

. Appellant’s attorney hereby requests that the due date for Appellant’s b rief be extended by a period of 3 0 days until August 2 6 , 20 1 5

. This is Appellant’s third request for an extension in this matter.
I V. 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 Ju ne 30 , 201 5. 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 ha ve adequate time available to p roperly 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 Ju ly 2 7 , 20 1 5

.3 WHEREFORE, ALL PREMISES CONSIDERED, Appellant prays that this Honorable Court of Appeals will grant this motion and extend the time to file Appellant’s b rief for a period of 30 days to August 26 , 20 1 5

. Respectfully Submitted, /s/ Randall J. Ayers

_________________________ Randall J. Ayers Attorney for Appellant State Bar #01465950 P.O. Box 1569 Houston, Texas 77251

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- 9609 (fax)4 CERTIFICATE OF SERVICE I certify that I served th e foregoing m otion o n 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 Ju ly 2 7 , 201 5

. /s/ Randall J. Ayers

_________________________ Randall J. Ayers Attorney for Appellant State Bar #01465950 P.O. Box 1569 Houston, Texas 77251

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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 5 31 words. /s/ Randall J. Ayers

_________________________ Randal l J. Ayers Attorney for Appellant State Bar #01465950 P.O. Box 1569 Houston, Texas 77251

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- mail) 281

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