CAUSE NO. 04-15-00223-CR

CARLOS FAZ, § IN THE COURT OFAPPEALS

Appellant §

VS. § IN SAN ANTONIO, TEXAS

THE STATE OF TEXAS,

§

§ 4

th JUDICIAL DISTRICT

Appellee

MOTION FOR EXTENSIONOF TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUDGES OF SAIDCOURT:

COMES NOW, CARLOS FAZ, Appellant, and files this Motion for

Extension of Time to File Appellant's Brief, pursuant to Rules 10.5(b) and

38.6(d), Texas Rules of Appellate Procedure. In support of this Motion,

Appellant would show the following:

I.

Appellant’s brief is due to be filed on August 10, 2015. Counsel for

Appellant requires an extension of time complete and file Appellant’s brief in this

cause in order to get the complete appellate record in this case. This is Appellant’s

first request for extension of time.

II.

On June 22, 2015, this Court entered an order directing Appellant to make 

arrangements to pay for the Reporter’s Record. Appellant filed a response July 3, 

2015, certifying arrangements had been made. On July 6, 2015, Court Reporter Amy 

Guillen filed the Reporter’s Record consisting of one volume. On July 10, 2015, 

ACCEPTED

04-15-00223-CR

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

7/28/2015 10:23:11 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 07/28/15 10:23:11 PM KEITH E. HOTTLE Clerk
Court Reporter Lisa Ramos filed the Reporter’s Record consisting of three volumes. 

However, a portion of the Reporter’s Record transcribed by Sachiko Nagao has yet to 

be filed. 

III.

The part of the Reporter’s Record yet to be filed represents a critical portion of 

the appellate record and is necessary for Appellant to prepare the brief. 

IV.

This request is not made for the purpose of delay, but rather this request

is made to allow counsel adequate time to obtain the entire appellate record and 

properly prepare the brief in this case. Appellant moves this Court for an order

granting an extension for Appellant to submit the brief in this case.

WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court

for an order granting an extension for Appellant to submit the brief in this case.

Respectfully submitted,

/s/ Daniel De La Garza

DANIEL DE LA GARZA

TBA No. 24077965

1800 McCullough

San Antonio, Texas 78212

Telephone: (210) 263-1146

Facsimile: (210) 855-6274

Email: Daniel.DeLaGarza@me.com

COUNSEL FOR APPELLANT,

CARLOS FAZ
CERTIFICATE OF COMPLIANCE

Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the

undersigned counsel of record certifies that the motion contains 552 words.

/s/ Daniel De La Garza

Daniel De La Garza
CERTIFICATE OF SERVICE

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

Motion for Extension of Time to File Appellant's Brief was delivered via hand 

delivery to the Bexar County District Attorney's Office, Appellate Division,

101 W. Nueva, 4th Floor, San Antonio, Texas 78205 on this the 29TH day of July,

2015.

/s/ Daniel De La Garza

Daniel De La Garza
CAUSE NO. 04-15-00223-CR

CARLOS FAZ, § IN THE COURT OFAPPEALS

Appellant §

VS. § IN SAN ANTONIO, TEXAS

THE STATE OF TEXAS,

§

§ 4

th JUDICIAL DISTRICT

Appellee

ORDER

On this the _____ day of ______________________, 2015 , came on to be heard

the Appellant's Motion for Extension of Time to File Appellant's Brief and the Court

is of the opinion that this Motion shouldbe:

GRANTED, and the deadline for filing the Appellant's brief in Cause No.

04-15-00223-CR is extended to , 2015.

DENIED, to which action of the Court the Appellant objects.

SIGNED thisthe day of , 2015.

JUDGE PRESIDING