Luis Ruiz Sierra v. State

ACCEPTED 01-14-00493-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 9/18/2015 12:36:05 PM CHRISTOPHER PRINE CLERK NO. 01-14-00493-CR FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/18/2015 12:36:05 PM CHRISTOPHER A. PRINE Clerk IN THE COURT OF APPEALS OF TEXAS FIRST SUPREME JUDICIAL DISTRICT LUIS RUIZ SIERRA, APPELLANT VS. STATE OF TEXAS, APPELLEE MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLANT’S BRIEF TERRENCE GAISER LAWYER FOR APPELLANT 2900 SMITH STREET, # 220 HOUSTON, TEXAS 77006 SBOT# 07572500 713/ 225-0666 tagaiser@aol.com NO. 1396147 STATE OF TEXAS § IN THE DISTRICT COURT § VS. § HARRIS COUNTY,TEXAS § LUIS RUIZ SIERRA § 182ND JUDICIAL DISTRICT MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLANT’S BRIEF NOW COMES LUIS RUIZ SIERRA, appellant in the above- captioned cause, by and through his attorney, TERRENCE GAISER, and files his Motion for Extension of time within which to file Appellant’s Brief; for which he would show: 1) This is an appeal from a conviction for the offense of burglary of a habitation with the intent to commit the felony of sexual assault. Punishment was assessed at thirty years confinement. Notice of appeal and the certification of appellant’s right to appeal were timely filed. 2) This is the first requested extension of time. The brief was due September 4, 2015. 3) Appellant would request an extension of time to file the brief to and including the 28h day of September, 2015. 4) For good cause counsel for the appellant would show that he has not had time to complete the brief in this cause for the following reasons: 1 b) Counsel has been in the criminal courts of the State of Texas in Harris County, Texas, and surrounding counties on a daily basis since the inception of this appeal as follows: 08/04/15 County Court 10 State v. Frazier Assault 08/04/15 351st District Court State v. Robinson PCS 08/05/15 337th District Court State v. Kizzee Agg.Robb. 08/06/15 178th District Court State v. Denkins Capital Murder 08/06/15 185th District Court State v. Denkins Capital Murder 08/07/15 185th District Court State v. Denkins Capital Murder 08/10/15 351st District Court State v. Ruiz-Navarro IDFraud 08/11/15 174th District Court State v. Scott Agg.Asslt. 08/11/15 174th District Court State v. Rodriguez Theft 08/11/15 248th District Court State v. Gunter PCS 08/12/15 351st District Court State v. Haywood Agg.Sex.Asslt. 08/12/15 228th District Court State v. Amaya Tampering 08/12/15 179th District Court State v. Rhine Agg.Robb. 08/13/15 179th District Court State v. Omarmustafa Agg.Asslt. 08/13/15 262nd District Court State v. Garcia Ag.Robb. 08/13/15 337th District Court State v. Kizzee Agg.Robb. 08/14/15 County Court 12 State v. Marhofer DWI 2 08/14/15 351st Distict Court State v. Haywood Ag.Sex.Asslt. 08/17/15 230th District Court State v. Jackson Injury to Child 08/18/15 230th District Court State v. Jackson Injury to Child 08/18/15 176th District Court State v. Cooper Eng.Org.Crim.Act. 08/18/15 232nd District Court State v. Nizon Agg.Robb, 08/18/15 232nd District Court State v. Muscovalley Evading 08/18/15 179th District Court State v. Rhine Agg.Robb. 08/19/15 339th District Court State v. Tornes-Navarro IDFraud 08/19/15 351st District Court State v. Robinson PCS 08/20/15 178th District Court State v. Banks Robb. 08/20/15 178th District Court State v. Rodriguez Capital Murder 08/20/15 179th District Court State v. Nagel PCS 08/20/15 179th District Court State v. Rhine Agg.Robb. 08/21/15 County Court 13 State v. Ospina FalseRept. 08/25/15 177th District Court State v. Lee Arson 08/25/15 174th District Court State v. Drayton Cap.Murder 08/25/15 228th District Court State v. Mason Cap.Murder 08/26/15 182nd District Court State v. Murdie PCS 08/26/15 174th District Court State v. Martinez DWI 08/26/15 351st District Court State v. Robinson PCS 3 08/27/15 177th District Court State v. Jacobs Sx.Asslt.Ch. 08/27/15 351st District Court State v. Batts Agg.Asslt. 08/28/15 174th District Court State v. Martinez DWI 09/02/15 263rd District Court State v. Morris Agg.Robb 09/03/15 174th District Court State v. Perez Burg.Hab. 09/03/15 174th District Court State v. Moore Burg.Hab. 09/08/15 351st District Court State v. Robinson PCS 09/08/15 351st District Court State v. Casiano Agg. Asslt. 09/09/15 263rd District Court State v. Morris Agg. Robb. 09/10/15 263rd District Court State v. Lyons Agg. Robb. 09/11/15 351st District Court State v. Casiano Agg. Asslt. 09/11/15 174th District Court State v. Perez DWI 09/14/15 351st District Court State v. Casiano Agg. Asslt. 09/14/15 351st District Court State v. Haywood Agg.Sx.Asslt. 09/16/15 262nd District Court State v. Garcia Agg.Asslt. 09/17/15 174th District Court State v. Stevens Burg.Hab. 09/17/15 174th District Court State v. Scott Agg.Asslt. 09/17/15 174th District Court State v. Rodriguez Theft 09/17/15 179th District Court State v. Omarmustafa Agg.Asslt. Counsel has other cases in other counties not included in this list. 4 d) Counsel filed the brief in Derrick Deshawn Gilbert, Cause Number 01-15- 00144, in this Court on Septermber 8, 2015 e) Counsel has other briefs due in this Court and the 14th Court that he is trying to complete. WHEREFORE, PREMISES CONSIDERED, Appellant prays for an extension of time to file the Appellant’s Brief to and including September 28, 2015. RESPECTFULLY SUBMITTED, S/Terrence A. Gaiser TERRENCE A. GAISER LAWYER FOR APPELLANT 2900 SMITH STREET, # 220 HOUSTON, TEXAS 77006 SBOT# 07572500 tagaiser@aol.com CERTIFICATE OF SERVICE I CERTIFY THAT A COPY OF THE ABOVE AND FOREGOING MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLANT’S BRIEF WAS SERVED ON ALL PARTIES ACCORDING TO THE RULES. S/Terrence A. Gaiser TERRENCE A. GAISER 5