NO. 03

- 14

- 00701

- CR

BARRY PIZZO § IN THE

§

VS. § THIR D 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

numb ered 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 th e 207 TH Judicial District

C ourt 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 offense s

.

4. Appellant was senten ced 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 o n 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

CLERKreporter's r ecord was filed on March 11, 2015.

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

.

8. Appellant req uests an extension of time to September 13,

2015, sixty days from this date

.

9. Current counsel has received n o extension s to file the brief

have been received in this cause.

10. Def endant 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 ha s 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 Ap pellant 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 fur ther relief as the Court may deemappropriate.

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 State Bar No. 24037240

chevo@pastranolaw.com

ATTORNEY FOR APPELLANTCERTIFICATE OF SERVICE

This is to c ertify that on July 13, 2015 , a tru e 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 c ertify that on or before July 13, 20 15

, this office

conferred with Mr. Josh Presley of the Comal Coun ty District

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

extension of time to file Appellant’s brief.

E. Chevo PastranoSTATE OF TEXAS §

§

COUNTY OF HARRIS §

AF FIDAVIT

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