NO. 01-14-00957-CR

IN THE COURT OF APPEALS

FIRST DISTRICT

HOUSTON, TEXAS

NO. 1404642

IN THE TRIAL COURT

338TH JUDICIAL DISTRICT

HARRIS COUNTY, TEXAS

RICHARD RENE RIVERA § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

MOTION FOR EXTENSION OF TIME

FOR FILING APPELLANT'S BRIEF

ALLEN C. ISBELL

2016 Main St., Suite 110

Houston, Texas 77002

713/236-1000

Fax: 713/236-1809

STATE BAR NO. 10431500

COUNSEL ON APPEAL

ACCEPTED

01-14-00957-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/17/2015 11:06:56 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/17/2015 11:06:56 AM CHRISTOPHER A. PRINE Clerk
TO THE HONORABLE COURT OF APPEALS:

COMES NOW RICHARD RENE RIVERA, appellant, by and through his

retained counsel on appeal, and respectfully requests this Honorable Court

grant an Extension of Time for Filing an Appellant's Brief. The present date

for filing the Brief is April 24, 2015, and it is respectfully requested that said

time be extended until May 22, 2015. For cause, appellant would show the

Court as follows:

I.

On November 11, 2014, appellant was convicted of Racing Without a

License (Dog/Horse), in the 338th District Court of Harris County, Texas

entitled The State of Texas vs. RICHARD RENE RIVERA, in Cause Number

1404642 and was sentenced to two (2) years confinement in the Texas

Department of Criminal Justice, Institutional Division, probated for two (2)

years and a $2,000 fine. No Motion for New Trial was filed. Written Notice of

Appeal was given November 18, 2013.

II.

Counsel is unable to timely file the Brief within the time period from the

first extension of filing the Reporter’s Record for the following reasons:

1. Counsel is in the process of relocating his office to 2016 Main St.,

Ste. 110, Houston, Texas 77002. Counsel must vacate the current

c:\appeals\rivera\ext. brief 2
office space by April 30, 2015.

2. Counsel is presently working on the following Brief for Appellant:

Torres v. State, No. 14-15-00155-CR & 14-15-00156-CR;

3. Counsel is presently working on the following Petition for

Discretionary Review for Appellant: Nelson v. State, No. 01-13-

00769-CR;

4. Counsel is currently preparing for the following criminal trials:

• State vs. Simon, No. 1391357 (Capital Murder)(set to begin

April 24, 2015);

• State vs. Hobbs, Nos. 1322693, 1322694, 1322764,

1322796, 1323767, 1324124, & 1324125 (Capital Murder

(Death Penalty), Agg. Sexual Assault, Aggravated

Kidnaping, Aggravated Assault, & Murder)(set to begin April

27, 2015).

4. Counsel has recently represented the following in court: State vs.

Bonds, No. 1436427; State vs. Caplan, No. 1449686; State vs.

Chapman, Nos. 1945284, 1945285, & 1945286; State vs.

Faulwell, No. 1438334; Hernandez vs. Cameron-Hernandez, No.

2014-53701; State vs. Hutchins, No. 1395799; In the Matter of L.

M., No. 2011-04644J; State vs. Joyner, No. 1358039; State vs.

Lightfoot, Nos. 1415378, 1415379, 1420878, & 1436565; State

vs. Magee, Nos. 1392085, 1386835, 1387732, & 1386809; State

vs. Morris, No. 1458287; State vs. Nash, No. 1444389; Payne vs.

Payne, No. 12-DCV-201630; State vs. Peters, No. 1447571; 

State vs. Pinnock, Nos. 1435200 & 1393885; State vs. Rivas,

Nos. 1441514, 1441515, & 1441646; State vs. Roby, No.

1445825; State vs. Terrell, No. 1426152; State vs. Thedford, Nos.

1408153 & 1408154; 

c:\appeals\rivera\ext. brief 3
III.

Counsel feels that if the additional time is granted, the Brief in this cause

will be filed timely.

IV.

This is the second (2nd) extension requested.

V.

This motion is urged at the first opportunity as appellant will suffer

irremediable harm if it is not granted.

WHEREFORE, PREMISES CONSIDERED, appellant prays that this

Honorable Court grant this extension of time in which to file the appellant's

Brief until May 22, 2015. 

Respectfully submitted,

/s/ Allen C. Isbell 

ALLEN C. ISBELL

2016 Main St., Suite 110

Houston, Texas 77002

713/236-1000

Fax No. 713/236-1809

STATE BAR NO. 10431500

email: allenisbell@sbcglobal.net

COUNSEL ON APPEAL

c:\appeals\rivera\ext. brief 4
Certificate of Service

I hereby certify that on this 17th day of April, 2015, a true and correct

copy of the foregoing motion was sent to the District Attorney's Office,

Appellate Division, and to Mr. Richard Rene Rivera, appellant.

/s/ Allen C. Isbell 

ALLEN C. ISBELL

Certificate of Compliance

The undersigned attorney on appeal certifies this motion is computer

generated and consists of 676 words. Counsel is relying on the word count

provided by the Word Perfect computer software used to prepare the motion.

/s/ Allen C. Isbell 

 ALLEN C. ISBELL

c:\appeals\rivera\ext. brief 5