08-13-15 granted w/order
Retum to: choose an ¡tem,
Cause Number: 13-t¡-63¿CR Appeal Type:Choose an item.
Date: 8ltrlz0rs Assigned to Judge: Choose án ¡tem,
Motion #: 4 Panel:
Mot¡on is: Unopposed
Party: Appef lant
LJ Mo¡ton tor ßehearing Ll MFL to f¡le MFR
f] Motion for Rehear¡ng En Banc
! Motion to Dismiss Appeal
Reconsideration
I vlL to fite orief
ll other: _
Bfief Rece¡ved: Click here to enter a
date.
Brlef Due: Cllck here to enter â date,
ffi vtTto fite brief - Requesr #4
Due: &lLflzOLS
Until: 8/31¡/2015
Record fifed: gl2lzors
Prevjous extens¡ons granted: 3
For a total of JE_days
Recommendation: _ lJ f'MET and does not require circulat¡on
qrfrz Nn4 tvz¡zJça, Q4
:uoge's necommend;)en and Approvats:
"=":qv4
slw
Áð ;0"^\,
Þ
@ g'\".-Ë ,,\h/ ,l
fl
NUMBER,r.,o*orrn.I*
couRToFAppEALs lt{^,
\-
THIRTEENTH DISTRICT OF TEXAS
CORPUS GHRISTI . EDINBURG
FRANCISCO CAZARES,
Appellant,
rne srere oF TEXAS, Appellee.
On appeaf from the g2nd District Court
of Hidalgo Gounty, Texas.
ORDER TO FILE APPELLATE BRIEF
Before J ustices_Rod riguez, Garza,an d Lon go ria
Order per Guriam.
This cause is before the court on appe[ant's fourth
motion for extension of time
to file the brief' Appeilant's brief was originaily due to be fired on Aprif
1, 2015, and ihis
Gourt has previousry granted appeilant three extensions
for the firing of apperlnt,s brief
in this cause. Appertant has now requested an additionar
twenty days to file the briel
which would make the brief due on August 31,2015.
The Court, having fully examined and considered appellant's fourth motion for
extension of time to file the brief and the extensions previously granted in this cause, is of
the opinion that, in the interest of justice, appellant's fourth motion for extension of time to
file the brief should be granted with order. The Court, however, looks with disfavor upon
the delay caused by counsel's failure to have filed a brief in this matter. Appellant's fourth
motion for extension of t¡me to file the brief is GRANTED, and the Honorable Rolando
Garza, counsel for appellant, is ORDERED to file the appellate brief with this Court on or
before August 31,2015. NO FURTHER EXTENSIONS WILL BE GRANTED tN TH|S
MATTER. lf counsel fails to file the brief within the specified period of time, the Court will
act appropriately to ensure that appellant's rights are protected. TEX. R. App. p.
38.8(bX4).
PER CURIAM
Do not publish.
ïex.R. App. P.47.2(b).
Delivered and filed the
day of ,2015.
ACCEPIÊD
'13-14-00634-cr
THIRIEENIH COURT OF APPFALS
CORPUS CHRISTI, TEXAS
th1/2015 11:17:59 AM
CECILE FOY GSANGER
CLERK
CAUSE NO. 13-14-00634-CR
INTI{E FILED IN
couRT oF APPEALS FOR TIIE 13!! couRr oF APPEALS
TEXAS
THTRTEENTH DrsrRrcicoRffiili
AT CORPUS CHRISTI, TEXAS
üf :TNBURG'
ro" é.oñn.*
".",r=Clerk
F'R.ANCISCO CAZARES APPELLANT
VS.
TF{E ST,A.TE OF TEXAS APPELLEE
MOTION FOREXTENSION OF TIME TO FILE APPELLANT'S BRTEF
Comes now Appeliant, by and through undersigned counsel, and files this
motion for an extension of twenty (20) days to frle Appellant's Brief, and for cause
would show as follows:
l. Appellant was charged with and found guilty of murder. He was sentenced to
50 years in the Texas Department of Corrections by the 92"d District Court.
2. Appellant filed a timely notice of appeal.
3. Appellant's Erief is due today on August 11,2015.
4. An extension of twenty days (20) days, until August 31,2015 is sought.
Appellant offers the following activities to reasonably explain the need for this
extension of time to frle his brief:
a. in the present case, two volumes of reporters record, the
punishment phase and the hearing on the motion for new
trial have now been filed; reading the entire record;
working on three issues for review
b. frnalizing and filing a reply brief in a cause styled U.S.A.
v. Omar Rojas;
c. considering filing a 2255 motion in a federal cause sryled
U.S.A. v. Robert Maldonado;
d. having a trial in a cause styled In the Interest of M.V.;
e. preparing for trial in a causes styled the State ofTexas v.
Eduardo Margo, the State of Texas v. Monica Salinas, the
Sate of Texas v. Rosario Cruz, and the State of Texas v.
Guadalupe Galvan;
f. preparing for and attending abatement hearing from a
murder appeal in a cause before this court styled State of
Texas v. Raul Lara;
g. preparing and filing for two level reductions in
federal
sentencing matters pursuant to amended federal sentencing
guidelines for former clients;
h. conferring with clients on various civil and criminal
matters;
i. making various court appeaxances in child welfare and
state and federal criminal law matters;
j. finalizing and filing a brief in this cause before theis court
styled The State of Texas v. Ofelia Larios;
k. preparing for suppression hearings in causes styled the
State ofTexas v. Rumualdo Guevara and the State ofTexas
v. Michael Montoya
5. The State is not opposed to this motion.
6. This motion is requested not for the pu{pose ofdelay, but so thatjustice may
be done.
s/herefore, premises considered, Appellant respectfullyrequests thatthis court
grant an extension of twenty (20) days, until August 31,20L5 for the filing of
Appellant's brief.
Rpspectfully submiffed:
Rolando Gafza
310 West University
Edinburg, TX 78539
Bus: (956) 318-1102
Fax: (956) 381-5005
SBN:24004665
\TERIFICÀTION
BEFORE ME, the undersigned authority, on this day personally appeared
R-olando Garza, who after being duly sworn stated:
"I am the attomey for the appellant in the above numbered and
entitled cause. I have read tlre foregoing motion and swear that all ofthe
allegations of fact contained therein are true and conect."
SUBSCRIEED ANI) SWORN TO BEFORE ME on
certiÛ¡ witness my hand and seal of office.
Zlich
Notary Fublic, State of Texas
CERTIFICATE OF SERVICE
I hereby certiÛ/ that a copy ofthe foregoing motion has been mailed or hand
delivered to Ted Flake, opposing counsel, at the Hidalgo County District Attorney's
Offce, Hidalgo County Court Flouse, 100 N. Closner, Edinburg, Texas, on
{'-tt -t5 À.