1

No. 04-14-00670-CR

STATE OF TEXAS § IN THE COURT OF APPEALS

VS. § FOURTH JUDICIAL DISTRICT

SIMON RENE GARCIA § BEXAR COUNTY, TEXAS

FOURTH, UNOPPOSED MOTION FOR EXTENSION OF

TIME TO FILE OPENING BRIEF

From the 175th District Court of Bexar County, Texas

Trial Court No. 2012-CR-10101

Hon. Mary Roman, Judge Presiding

In accordance with Tex. R. App. Pro. 10.5(b)(1), the undersigned counsel 

submits his “Fourth, Unopposed Motion to for Extension of Time to File Opening 

Brief,” and shows as follows:

This Court’s current briefing deadline is Monday, April 6, 2015. This Court 

has graciously granted three previous continuances (totaling 90 days). However, 

for the following reasons, counsel is compelled to request an additional (and final) 

extension to complete Appellant’s brief, specifically, for an additional 14 days. 

Counsel has previously explained how almost a month of this time was spent 

recuperating from shoulder surgery, and, his need for requesting more than the 

usual time to complete briefing in another, slightly older case before the Court, 

State v. Luis Arnaldo Baez, Cause No. 04-14-00374-CR, which had extraordinarily 

complex issues, most of first impression in Texas, and for which he was granted a 

fourth (and final) extension of time to file that brief. The brief was filed on March 

ACCEPTED

04-14-00670-CR

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

4/6/2015 2:21:53 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 4/6/2015 2:21:53 PM KEITH E. HOTTLE Clerk
2

16, and totaled 118 pages. Time shared between the two cases now compels 

counsel to make this final request for additional time. 

Moreover, Counsel has filed motion-briefs before this Court in State v. 

Arrington, Cause No. 04-12-00430-CR (4/02//2015), and State v. Villarreal, Cause 

No. 04-11-00771-CR (3/24/2015), and, has requested extensions of time in Mr. 

Arrington’s case - and will be doing so in Mr. Villarreal’s case - for a rehearing in 

each case. 

The undersigned counsel reiterates that he is a solo practitioner with a full 

trial, appellate and post-conviction practice. Counsel will not ask for any 

additional time to file Appellant’s opening brief, and again expresses his 

appreciation for the Court’s patience. 

Counsel represents, as an officer of the Court, that he has expended his 

efforts to the fullest, in attempting to meet the Court’s deadlines, without 

sacrificing the Appellant’s right to effective assistance on appeal. Mr. Garcia’s 

case involves a murder conviction carrying a 30-year sentence. 

On Friday, April 6th, 2015, the undersigned counsel consulted with the 

assistant to Mr. Enrico Valdez, Asst. Dist. Atty., Ms. Jeanette Canales, with 

the Appellate Division of the Bexar County District Attorneys Office, and she 

informed the undersigned counsel that his office was unopposed to the 

requested, final extension of time.
3

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully 

requests that this Court grant the requested 14-day extension of time to Monday, 

April 20, 2015, to file his opening brief. 

 Respectfully submitted,

Jorge G. Aristotelidis

Tower Life Building

310 South St. Mary’s Street

Suite 1830

San Antonio, Texas 78205

210-277-1906

jgaristo67@gmail.com

By: /s/ JORGE G. ARISTOTELIDIS

SBN: 00783557
4

CERTIFICATE OF SERVICE

I hereby certify that on this the 6th day of April, 2015 a copy of the foregoing 

“Fourth, Unopposed Motion for Extension of Time to file Opening Brief” has been 

delivered to the Appellate Section of the Bexar County District Attorney’s Office, 

via email. 

/s/ JORGE G. ARISTOTELIDIS