ACCEPTED
05-15-00107-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
6/1/2015 12:00:00 AM
LISA MATZ
CLERK
No. 05-15-00034-CR
No. 05-15-00035-CR FILED IN
5th COURT OF APPEALS
No. 05-15-00107-CR DALLAS, TEXAS
5/31/2015 5:07:15 PM
IN THE COURT OF APPEALS LISA MATZ
FOR THE FIFTH DISTRICT OF TEXAS Clerk
AT DALLAS
SUMMER RAE HARRIS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
On Appeal from the
194th Judicial District Court
Dallas County, Texas
Trial Nos. F-14-60100, F-13-25326, F-13-25357
MOTION TO FILE BRIEF TENDERED
Christian T. Souza
SBN: 00785414
Attorney for Appellant
4303 N. Central Expressway
Dallas, Texas 75205
Tel. (214) 862-7462
Fax (214) 696-0867
E-Mail: ctsouza@gmail.com
TO THE HONORABLE COURT OF APPEALS:
COMES NOW Appellant Summer Rae Harris and submits this
motion to file brief tendered in Appeal Nos. 05-15-00034-CR (theft enhanced),
05-15-00035-CR (forgery) and 05-15-00107-CR (forgery) pursuant to the Texas
Rules of Appellant Procedure. TEX. R. APP. P. 10.1, 10.5, 38.6, 38.8.
I.
The record was completed in No. 05-15-00034-CR on March 30, 2015.
On April 30, 2015, Appellant filed his first motion for extension of time to file
the Brief for Appellant on all three cases. On May 1, 2015, this Court granted
Appellant’s motion, allowing until May 29, 2015 in all three cases. The record
was completed in 05-15-00035-CR and in 05-15-00107-CR when the Clerk’s
Records in those cases were filed on May 19, 2015. Appellant has tendered his
Brief for Appellant on May 31, 2015.
II.
In addition to having an incomplete record in two of the cases until
May 19, 2015, counsel has had conflicting obligations including as follows
since May 1, 2015: (1) preparation including witness contacts for hearing in Ex
parte Daniel Perez, set in the 292nd Judicial District Court in Dallas County for
May 22, 2015, with the State advising on May 5, 2015 that it desired a reset,
and with case reset for June 26, 2015; (2) appeal bond reduction hearing in the
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trial court on May 5, 2015 in connection with the appeals at bar; (3)
investigation and motion concerning supplementation of the record Jorge
Villarreal-Flores v. United States of America, Appeal No. 14-11241, with motion
filed on May 8, 2015; (4) Brief for Appellant in Appeal Bond Appeal in
Theodore Roosevelt Arthur v. State, Appeal No. 05-15-00452-CR, an accelerated
appeal, filed in this Court on May 13, 2015; (5) begin work towards Brief for
Appellant in Jose Lozano v. State, Appeal No. 05-14-00593-CR, with trial court
findings due on June 17, 2015; and (6) Brief for Appellant in Humberto
Martinez-Benitez v. State, Appeal No. 02-14-00440-CR, a 90-year sentence
murder case, filed in the Second Court of Appeals of Texas on May 29, 2015.
III.
For the foregoing reasons, Appellant respectfully requests this Court to
accept the brief that has been tendered and to order for it to be filed on any
such terms as this Court would prescribe. TEX. R. APP. P. 10.1, 10.5, 38.6,
38.8.
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Respectfully submitted,
/s/ Christian T. Souza
Christian T. Souza
SBN: 00785414
4303 N. Central Expressway
Dallas, Texas 75205
Tel. (214) 862-7462
Fax (214) 696-0867
ctsouza@gmail.com
Attorney for Appellant
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CERTIFICATE OF SERVICE
I certify serving a true and correct copy of this motion to Appellate
Division, Dallas County District Attorney, 133 N. Riverfront Blvd., Dallas,
Texas 75219, by regular mail, commercial delivery, or by delivery via
electronic mail on May 31, 2015.
/s/ Christian T. Souza
Christian T. Souza
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