ACCEPTED
14-14-00633-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
2/5/2015 1:12:00 PM
CHRISTOPHER PRINE
CLERK
NO. 14-14-00633-CR
IN THE COURT OF APPEALS FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS
FOURTEENTH DISTRICT 2/5/2015 1:12:00 PM
CHRISTOPHER A. PRINE
Clerk
HOUSTON, TEXAS
NO. 1405231
IN THE TRIAL COURT
337TH JUDICIAL DISTRICT
HARRIS COUNTY, TEXAS
CURTIS JAMES SIMOND § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
MOTION FOR EXTENSION OF TIME
FOR FILING APPELLANT'S BRIEF
ALLEN C. ISBELL
202 Travis, Suite 208
Houston, Texas 77002
713/236-1000
Fax: 713/236-1809
STATE BAR NO. 10431500
COUNSEL ON APPEAL
TO THE HONORABLE COURT OF APPEALS:
COMES NOW CURTIS JAMES SIMOND, appellant, by and through his
counsel on appeal, and respectfully requests this Honorable Court grant an
Extension of Time for Filing an Appellant's Brief. The present date for filing
the Brief is February 5, 2015, and it is respectfully requested that said time be
extended until April 6, 2015. For cause, appellant would show the Court as
follows:
I.
On November 12, 2014, appellant was convicted of Aggravated Assault
of a Family Member, in the 337th District Court of Harris County, Texas entitled
The State of Texas vs. CURTIS JAMES SIMOND, in Cause Number 1405231
and was sentenced to eleven (11) years confinement in the Texas
Department of Criminal Justice, Institutional Division. No Motion for New Trial
was filed. Written Notice of Appeal was given July 30, 2013.
II.
Counsel is unable to timely file the Brief within the time period from the
first extension of filing the Reporter’s Record for the following reasons:
1. Counsel is presently working on the following Brief for Appellant:
Dains v. State, No. 14-14-00816-CR; Gates v. State, No. 14-14-
00795-CR; Rivera v. State, No. 01-14-00957-CR;
c:\appeals\simond\ext. brief 2
2. Counsel was in trial in the following matter from January 27, 2015
through January 30, 2015: In the Matter of L. M., No. 2011-
04644J;
3. Counsel is currently preparing for the following criminal trials:
• State vs. Reyes, No. 1313736 (Capital Murder)(set to begin
February 9, 2015);
• State vs. Davis, No. 1388874 & 1312337 (Evading
Arrest)(set to begin February 9, 2015);
• State vs. Aguilar, No. 1370058 (Murder)(set to begin
February 16, 2015);
• State vs. Hobbs, Nos. 1322693, 1322694, 1322764,
1322796, 1323767, 1324124, & 1324125 (Agg Sexual
Assault, Aggravated Kidnaping, Aggravated Assault, Capital
Murder, & Murder).
4. Counsel has recently represented the following in court: State vs.
Bonds, No. 1436427; State vs. Caplan, No. 1449686; State vs.
Chapman, Nos. 1945284, 1945285, & 1945286; State vs. Delce,
No. 1449773; State vs. Earls, No. 1388874; State vs. Faulwell,
No. 1438334; State vs. Ferguson, Nos. 1445692; State vs.
Holliman, No. 1443652; State vs. Hutchins, No. 1395799; State
vs. Lightfoot, Nos. 1415378, 1415379, 1420878, & 1436565;
State vs. Magee, Nos. 1392085, 1386835, 1387732, & 1386809;
State vs. Nash, No. 1444389; Payne vs. Payne, No. 12-DCV-
201630; State vs. Peters, No. 1447571; State vs. Pinnock, Nos.
1435200 & 1393885; State vs. Rivas, Nos. 1441514, 1441515,
& 1441646; State vs. Roby, No. 1445825; State vs. Simmons,
No. 1434147; State vs. Smith, No. 1436342; State vs. Stacy, No.
1444450; State vs. Terrell, No. 1426152; State vs. Thedford,
Nos. 1408153 & 1408154; State vs. Ward, Nos. 1284273,
1297205, & 1297206;
c:\appeals\simond\ext. brief 3
III.
Counsel feels that if the additional time is granted, the Brief in this cause
will be filed timely.
IV.
This is the first (1st) extension requested.
V.
This motion is urged at the first opportunity as appellant is indigent and
will suffer irremediable harm if it is not granted.
WHEREFORE, PREMISES CONSIDERED, appellant prays that this
Honorable Court grant this extension of time in which to file the appellant's
Brief until April 6, 2015.
Respectfully submitted,
/s/ Allen C. Isbell
ALLEN C. ISBELL
202 Travis, Suite 208
Houston, Texas 77002
713/236-1000
Fax No. 713/236-1809
STATE BAR NO. 10431500
email: allenisbell@sbcglobal.net
COUNSEL ON APPEAL
c:\appeals\simond\ext. brief 4
Certificate of Service
I hereby certify that on this 5th day of February, 2015, a true and correct
copy of the foregoing motion was sent to the District Attorney's Office,
Appellate Division, and to Mr. Curtis James Simond, appellant.
/s/ Allen C. Isbell
ALLEN C. ISBELL
Certificate of Compliance
The undersigned attorney on appeal certifies this motion is computer
generated and consists of 690 words. Counsel is relying on the word count
provided by the Word Perfect computer software used to prepare the motion.
/s/ Allen C. Isbell
ALLEN C. ISBELL
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