NO. 03-14-00701-CR

BARRY PIZZO § IN THE

§

VS. § THIRD COURT

§

STATE OF TEXAS § OF APPEALS

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes BARRY PIZZO, Appellant in the above styled and 

numbered cause, and moves this Court to grant an extension of time 

to file appellant's brief, pursuant to Rule 38.6 of the Texas Rules of 

Appellate Procedure, and for good cause shows the following:

1. This case is on appeal from the 207TH Judicial District 

Court of Comal County, Texas.

2. The case below was styled the STATE OF TEXAS vs. BARRY 

PIZZO, and numbered CR-2013-146.

3. Appellant was convicted of tow counts of TAMPERING WITH 

OR FABRICATING PHYSICAL EVIDENCE, felony offenses.

4. Appellant was sentenced to imprisonment for LIFE in the 

Texas Department of Criminal Justice on counts one and two. 

5. Notice of appeal was given on November 5, 2014.

6. The clerk's record was filed on February 5, 2015; the 

ACCEPTED

03-14-00701-CR

6030649

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/13/2015 9:30:32 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/13/2015 9:30:32 AM JEFFREY D. KYLE Clerk
reporter's record was filed on March 11, 2015.

7. Appellant’s brief was due on July 9, 2015.

8. Appellant requests an extension of time to September 13, 

2015, sixty days from this date.

9. Current counsel has received no extensions to file the brief 

have been received in this cause.

10. Defendant is presently incarcerated.

11. Appellant relies on the following facts as good cause for the 

requested extension:

Counsel for Appellant was appointed on June 8, 2015. The 

court reporter’s transcript is thirteen (13) volumes long.

Counsel for Appellant has reviewed a majority of the transcript 

but continues his initial review of the transcript. Based on this initial 

reading of the first 7 volumes, it is apparent that there are a multitude 

of issues to be reviewed, researched and briefed. 

Counsel for Appellant requests sixty (60) days to complete his 

review of the reporter’s record, research and briefing.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that 

this Court grant this Motion To Extend Time to File Appellant's Brief, 

and for such other and further relief as the Court may deem 
appropriate.

Respectfully submitted,

The Pastrano Law Firm, P.C.

The Old Cotton Exchange Building

202 Travis Street, Suite 307

Houston, Texas 77002

713.222.1100-telephone

832.218.7114-facsimile

By:_______________________________

E. CHEVO PASTRANO

State Bar No. 24037240 

chevo@pastranolaw.com

ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE

This is to certify that on July 13, 2015, a true and correct copy of 

the above and foregoing document was served on the District 

Attorney's Office, Comal County, Texas, via facsimile and/or email.

E. Chevo Pastrano

CERTIFICATE OF CONFERENCE

This is to certify that on or before July 13, 2015, this office 

conferred with Mr. Josh Presley of the Comal County District 

Attorney’s Office and the State has no objection to the motion for 

extension of time to file Appellant’s brief.

E. Chevo Pastrano
STATE OF TEXAS §

§

COUNTY OF HARRIS §

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally 

appeared E. Chevo Pastrano, who after being duly sworn stated:

"I am the attorney for the appellant in the above numbered 

and entitled cause. I have read the foregoing Motion To 

Extend Time to File Appellant's Brief and swear that all of 

the allegations of fact contained therein are true and 

correct."

E. Chevo Pastrano

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on July 13, 

2015, to certify which witness my hand and seal of office.

Notary Public, State of Texas