1 N o . 01
- 1 5
- 00 132
- CR RICHARD CHARLES OWINGS, JR. § IN THE COURT OF APPEALS § VS. § FOR THE F IRST DISTRICT § THE STATE OF TEXAS § OF TEXAS
MOTION TO EXTEND TIME TO FILE APPEL LANT’S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT OF APPEALS:
COMES NOW Richard Charles Owings, Jr., 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 offense of Aggravated Sexual Assault of a Child . Appellant pled not guilty

. The trial jury found Appellant guilty and sentenced him to 30 years in prison

. A ppellant filed timely notice of appeal

. II.
On May 12 , 201 5 , Appellant’s attorney received notice from this Honorable Court of Appeals that Appellant’s first motion to extend time to file Appellant ’ s brief had been granted, and Appellant’s brief was due for filing on June 10 , 201 5

. ACCEPTED 01-15-00132-CR FIRST COURT OF APPEALS

HOUSTON, TEXAS 6/9/2015 11:13:09 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 Ju ly 10 , 20 1 5

. This is Appellant’s second 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 has had a full schedule of daily court appearances on numerous pending felony cases since May 1 , 201 5. In addition, during this same time period Appellant’s attorney was involved in pre

trial preparations and a subsequent three day jury trial in a felony case, as well as in pre

- trial preparations in four other pending felony trial cases . Further, during this same time period Appellant’s attorney was involved in reviewing records and researching points of error in eight other pending direct appeals.3 Given t he 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 June 10 , 20 1 5

.

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 Ju ly 10 , 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

- 1569 rjayerslaw@comcast.net (e

- mail) 281

- 493

- 6333 (office) 281

- 493

- 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 o n June 9 , 201 5

. /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 CO MPLIANCE Pursuant to the provisions of Rule 9(i)(3) of the Texas Rules of Appellate Procedure I certify that this document contains 5 3 2 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)