1

No. 01-15-00132-CR

RICHARD CHARLES OWINGS, JR. § IN THE COURT OF APPEALS 

 §

VS. § FOR THE FIRST DISTRICT

 §

THE STATE OF TEXAS § OF TEXAS

MOTION TO EXTEND TIME TO FILE APPELLANT’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 brief 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 and proceeded to trial. The trial jury found 

Appellant guilty and sentenced him to serve 30 years in prison. Appellant filed 

timely written notice of appeal.

II.

On April 9, 2015, Appellant’s attorney received notice from this Honorable 

Court of Appeals that Appellant’s complete trial record had been filed with the

Court, making Appellant’s brief due on or before May 11, 2015.

ACCEPTED

01-15-00132-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

5/11/2015 11:49:23 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/11/2015 11:49:23 PM CHRISTOPHER A. PRINE Clerk
2

III.

Appellant’s attorney hereby requests that the due date for Appellant’s brief 

be extended by a period of 30 days until June 10, 2015. This is Appellant’s first 

request for an extension in this matter.

IV.

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 April 15, 2015. In 

addition, during this same time period Appellant’s attorney was involved in pretrial 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 seven other pending direct appeals.

Given the foregoing facts, Appellant’s attorney did not have adequate time 

available to properly 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 May 11, 2015.
3

WHEREFORE, ALL PREMISES CONSIDERED, Appellant prays that this 

Honorable Court of Appeals will grant this motion and extend the time to file 

Appellant’s brief for a period of 30 days to June 10, 2015.

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 the foregoing motion on 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 on May 11, 2015. 

/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 COMPLIANCE

Pursuant to the provisions of Rule 9(i)(3) of the Texas Rules of Appellate 

Procedure I certify that this document contains 535 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)