ACCEPTED
01-14-00824-cr
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/30/2015 12:21:07 PM
CHRISTOPHER PRINE
CLERK
NO. 01-14-00824-CR
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
3/30/2015 12:21:07 PM
CHRISTOPHER A. PRINE
Clerk
IN THE COURT OF APPEALS
OF TEXAS
FIRST SUPREME JUDICIAL DISTRICT
KEVIN WIMES, 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. 1431168
STATE OF TEXAS § IN THE DISTRICT COURT
§
VS. § HARRIS COUNTY,TEXAS
§
KEVIN WIMES § 339TH JUDICIAL DISTRICT
MOTION FOR EXTENSION OF TIME
WITHIN WHICH TO FILE APPELLANT’S BRIEF
NOW COMES KEVIN WIMES, 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 aggravated sexual
assault of a child. Punishment was assessed at forty years confinement.
Notice of appeal was timely filed.
2) This is the first requested extension of time. The brief was due March
21, 2015.
3) Appellant would request an extension of time to file the brief to and
including the 20th day of April, 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:
a) When counsel was appointed in this case, counsel was not informed
that this appeal had been abated. Counsel assumed this appeal would
follow the normal course of events and the record would be filed at a
future date. It was two weeks later that counsel learned through the
order of this court that the appeal had been abated.
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:
02/16/15 174th District Court State v. Villasenor Agg. Assault
02/16/15 Couny Court # 1 State v. Mitchell Theft
02/17/15 248th District Court State v. Mendez Sex. Asslt. Ch.
02/17/15 351st District Court State v. Delmar Asslt. Public Serv.
02/18/15 339th District Court State v. Tornes Identity Fraud
02/18/15 232nd District Court State v. Kimble Agg. Sex. Asslt.
02/18/15 232nd District Court State v. Collins Injury to a Child
02/19/15 179th District Court State v. Rhine Agg. Robb.
02/19/15 179th District Court State v. Nagel PCS
02/19/15 339th District Court State v. Nelson PCS
02/20/15 351st District Court State v. Haywood Sex. Asslt. Ch.
02/20/15 262nd District Court State v. Garcia Agg. Asslt. Pub. S.
02/20/15 351st District Court State v. Batts PCS
02/23/15 County Court # 6 State v. Reyes Assault
02/24/15 248th District Court State v. Fields DWI
02/25/15 178th District Court State v. Rodriguez Capital Murder
02/25/15 228th District Court State v. Amaya Tampering
02/25/15 178th District Court State v. Tolan Sex. Asslt. Ch.
02/26/15 337th District Court State v. Crocket Agg. Asslt.
02/26/15 177th District Court State v. Lee Arson
02/26/15 County Court # 6 State v. Munguia Theft
02/27/15 176th District Court State v. McDaniel Retaliation
03/03/15 County Court # 1 State v. Underwood Theft
03/03/15 178th District Court State v. Denkins Capital Murder
03/04/15 351st District Court State v. Robinson PCS
03/04/15 County Court # 10 State v. Frazier Assault
03/05/15 174th District Court State v. Meyer PCS
03/05/15 County Court # 7 State v. Branch POM
03/10/15 177th District Court State v. Torres Murder
03/10/15 351st District Court State v. Casiano Agg. Asslt.
03/11/15 176th District Court State v. Cooper Eng. Org. Crime
03/11/15 182nd District Court State v. Torres Capital Murder
03/12/15 263rd District Court State v. Lyons Agg. Robb.
03/12/15 179th District Court State v. Patrick Online Solicit.
03/12/15 179th District Court State v. Ferrell Capital Murder
03/12/15 179th District Court State v. Roberts PCS/MAJ
03/13/15 177th District Court State v. Magee Capital Murder
03/16/15 351st District Court State v. Batts PCS
03/17/15 337th District Court State v. Carter PCS
03/17/15 262nd District Court State v. Rose Sex. Asslt. Ch.
03/18//15 232nd District Court State v. Nixon Agg. Robb.
03/18/15 351st District Court State v. Ruiz Identity Fraud
03/19/15 County Court 1 [Galv.] State v. Muscovalley PCS
b) Counsel filed the brief in Gims v. State, # 01-14-00279-CR, Capital
Murder, on 03/20/15
c) 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 April 20,
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