CAUSE NO. 14-14-00598-CR 

MARIO R. AVILA, § IN THE COURT OF APPEALS

 Appellant § 

VS. § IN HOUSTON, TEXAS 

§ 

THE STATE OF TEXAS, § 14th JUDICIAL DISTRICT

 Appellee

MOTION FOR EXTENSION OF TIME TO FILE

APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW, MARIO R. AVILA, Appellant, and files this Motion for 

Extension of Time to File Appellant's Petition For Discretionary Review, pursuant to 

Rules 10.5(b) and 68.2(c), Texas Rules of Appellate Procedure. In support of this 

Motion, Appellant would show the following: 

I.

The First Court of Appeals issued its Published Opinion in this case on March 

17, 2015. No motion for rehearing was filed. Appellant’s Petition for Discretionary 

Review is due to be filed by April 16, 2015. This is Appellant’s first request for an 

extension of time. Appellant requests an extension of forty-five (45) days to file the 

petition.

PD-0437-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 4/16/2015 12:06:27 PM

Accepted 4/21/2015 11:04:57 AM

ABEL ACOSTA

CLERK
II.

In the past thirty (30) days, counsel was engaged in the following matters, 

which preclude completion of Appellant’s Petition for Discretionary Review:

1. On March 16-20, 2015, counsel for Appellant was out of town on a 

family vacation. 

2. On March 23, 2015, counsel for Appellant appeared for a rearraignment in the case styled United States of America vs. Darquesha Perry; 

Criminal Number 4:14-cr-00097, pending in the United States District Court, 

Southern District of Texas, Houston Division. 

3. On March 24, 2015, counsel for Appellant appeared for arraignment 

in the case styled State of Texas v. Ashley Heinen; Cause No. 1427784 pending in 

the 338th District Court of Harris County, Texas and a disposition setting in the 

case styled State of Texas vs. Ruben Carrera; Cause No. 1448426 pending in the 

178th District Court of Harris County, Texas. 

4. On March 27, 2015, Counsel for Appellant appeared for a disposition 

setting in the case styled State of Texas v. Derenda Obrien, Cause No. 1383848, 

pending in the 338th District Court of Harris County, Texas. 
5. On March 30, 2015, counsel for Appellant appeared for a consultation 

setting in the case styled State of Texas v. Canonero Brown; Cause No. 1459987, 

pending in the 185th District Court of Harris County, Texas. 

6. On April 1, 2015, counsel for Appellant appeared for arraignment in 

the case styled State of Texas v. Alexis King Brown; Cause No. 1441380, pending 

in the 232nd District Court of Harris County, Texas.

7. On April 3, 2015, counsel for Appellant’s office was closed for the 

Easter holiday. 

8. On April 6, 2015, counsel for Appellant appeared for a jury-trial

setting in the case styled State of Texas v. Lesley Hooper; Cause No. 13-cr-2732, 

pending in the 212th District Court of Galveston County, Texas. This case was 

reset until May 6, 2015. 

9. On April 8, 2015, counsel for Appellant appeared for arraignment in 

the case styled State of Texas v. Jason Waldvogel; Cause No. 1446910, pending in 

the 178th District Court of Harris County, Texas.

10. On April 10, 2015, counsel for Appellant appeared for a meeting in 

the case styled United States of America vs. Darquesha Perry; Criminal Number

4:14-cr-00097, pending in the United States District Court, Southern District of 

Texas, Houston Division. 
11. On April 14, 2015, counsel for Appellant appeared for a status 

conference in the case styled United States of America vs. Carlos Montemayor; 

Criminal Number 4:14-cr-00603, pending in the United States District Court, 

Southern District of Texas, Houston Division.

12. On April 15, 2015, counsel for Appellant appeared for a writ hearing 

in the case styled State of Texas vs. Elio Luna, Cause No. 1445675, pending in the 

178th District Court of Harris County, Texas. 

13. On April 16, 2015, counsel for Appellant is scheduled to appear for 

sentencing in the case styled United States of America vs. Mashood Balogun; 

Criminal Number 4:13-cr-00740, pending in the United States District Court, 

Southern District of Texas, Houston Division.

14. On April 17, 2015, counsel for Appellant is scheduled to speak at a 

seminar in Waco, Texas. 

IV.

This request is not made for the purpose of delay, but rather this request is 

made to allow counsel adequate time to prepare Appellant’s Petition for 

Discretionary Review. Appellant moves this Court for an order granting an 

extension of forty-five(45) days, or until June 1, 2015, for Appellant to submit the 

Petition for Discretionary Review in this case.
WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court 

for an order granting an extension of forty-five (45) days, for Appellant to submit 

the Petition for Discretionary Review in this case.

Respectfully submitted,

/s/ Nicole DeBorde

NICOLE DEBORDE

BIRES SCHAFFER & DEBORDE

Federal ID No. 16839

TBA No. 00787344

712 Main Street, Suite 2400

Houston, Texas 77002

Telephone: (713) 228-8500

Facsimile: (713) 228-0034

Email: Nicole@BSDLawFirm.com

COUNSEL FOR APPELLANT,

MARIO R. AVILA
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Motion 

for Extension of Time to File Appellant's Petition For Discretionary Review was 

served via e-mail delivery through eFile.TXCourts.gov to Alan Curry, Assistant

District Attorney, Harris County District Attorney’s Office, 1201 Franklin, Appellate 

Division, on this the 16th day of April 2015. 

/s/ Nicole DeBorde

NICOLE DEBORDE

CERTIFICATE OF COMPLIANCE

Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the undersigned 

counsel of record certifies that the Motion for Extension of Time contains 964 words.

/s/ Nicole DeBorde

NICOLE DEBORDE
CAUSE NO. 14-14-00598-CR

MARIO R. AVILA, § IN THE COURT OF APPEALS

 Appellant §

VS. § IN HOUSTON, TEXAS 

§

THE STATE OF TEXAS, § 14th JUDICIAL DISTRICT

 Appellee

ORDER

It is the order of this Court that the foregoing Motion for Extension of Time to 

File Appellant’s Petition for Discretionary Review is GRANTED, and the deadline 

for filing Appellant’s Petition for Discretionary Review is extended to 

______________, 2015.

SIGNED this the _____ day of _______________, 2015.

____________________________________

JUDGE PRESIDING