Sigallavillavicencio v. State/Motion to Extend Deadline to File Brief Page 1 COURT OF APPEALS

2 ND DISTRICT OF TEXAS

TARRANT COUNTY, TEXAS

ARTUR

SIGALAVILLAVICENCIO §

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v

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- 17

- 00244

- CR

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THE STATE OF TEXAS §

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SECOND MOTION TO EXTEND TIME TO FILE APPELLANT’S

BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT :

NOW COMES ARTUR SIGALAVILLAVICENCIO , Appellant in the above

styled and numbered cause, by and through his attorney, Mike Berger, and moves

this Court to grant an extension of time to file appellant’s brief, pursuant to Rule

10.5(b) of the Texas Rules of Appellate Procedure, and for good cau se shows the

following:

I.

This case is on appeal from Criminal District Court Number Four , Tarrant

County, Texas. Appellant is serving a 50 year sentence in TDC. ACCEPTED

02-17-00244-CR

SECOND COURT OF APPEALS

FORT WORTH, TEXAS

12/20/2017 2:42 PM

DEBRA SPISAK

CLERKSigallavillavicencio v. State/Motion to Extend Deadline to File Brief Page 2 II.

The case below was styled “ The State of Texas v. Artur Sigalavillavicencio ”

,

Cause Number 1451344D

.

III.

Final Judgment was ente red on July 18 th , 2017.

IV.

Notice of Appeal was filed with the court on August 2 nd , 2017.

V.

The Reporter’s record was filed on September 22 nd

, 2017.

VI.

The app ellate brief is due on December 22 nd , 2017.

VII.

One 60 day extension of time to file Appellant’s brief has been requested in

this case.

VIII.

Appellant rely on the following facts as good cause for the requested

extension: Appellant re quests an extension of time of seven (7) days from t he present

deadline of Dec ember 2 2 nd , 2017, to file his brief and for good cause would showSigallavillavicencio v. State/Motion to Extend Deadline to File Brief Page 3 that his counsel, Mike Berger was and is involved in multiple hearings during the

month of December 2017. In addition, the case has presented a complex and difficult

constitutional point of error which is requiring some additional time to complete.

IX.

Because of the reasons stated above, Appellant requests additional time to

prepare his brief.

X.

Mike Be rger was appointed on this appeal on July 14 th , 2017.

Based on these facts, Appellant requests that the due date of this appe al, which

is currently December 22 nd , 2017, be extended for seven ( 7 ) days to December 2 9 th

,

2017.

WHEREFORE PREMISES CONSIDERE D, 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.

/s/ Mike Berger

michaelidf@aol.com

933 Weatherford #200

Fort Worth, Texas 76102

817/338

- 1500

817/338

- 1505 (fax)

SBOT # 02191900Sigallavillavicencio v. State/Motion to Extend Deadline to File Brief Page 4 Attorney for Artur Sigalavillavicencio

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was

forwarded to all counse l of record via e

- serve on the 2 0 th day of December 2017.

/s/ Mike Berger

CERTIFICATE OF CONFERENCE

On December 2 0 th

, 2017, Appellant’s attorney, Mike Berger spoke with a

representative of the Tarrant County Appellate Section who stated that the D.A.’s

office is not opposed to this motion.

/s/ Mike Berger

### AFFIDAVIT



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