Edwin Alvarez v. State

ACCEPTED 01-14-00915-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 4/9/2015 10:27:39 PM CHRISTOPHER PRINE CLERK No. 01-14-00915-CR In the FILED IN Court of Appeals 1st COURT OF APPEALS HOUSTON, TEXAS for the 4/9/2015 10:27:39 PM First District of Texas at Houston CHRISTOPHER A. PRINE Clerk  No. 11-DCR-058577A In the 268th District Court Fort Bend County, Texas  EDWIN ALVAREZ Appellant V. THE STATE OF TEXAS Appellee  APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLATE BRIEF  TO THE HONORABLE COURT OF APPEALS: APPELLANT, pursuant to TEX. R. APP. P. 10.1, 10.5(b) and 38.6(d), moves for an extension of time within which to file its appellate brief. In support of its motion, appellant submits the following: 1. Appellant was charged with sexual abuse of a child. 2. A jury convicted appellant of the charged offense and the jury sentenced him to 20 years confinement in the Institutional Division of the Texas Department of Criminal Justice on October 17, 2014. 3. Notice of appeal was filed on October 17, 2014. 4. Appellant’s brief was due on April 1, 2015. 5. Appellant seeks an extension to file his brief until July 1, 2015. 6. The following facts are relied upon to show good cause for the requested extension: a. Counsel has been working on the appellate briefs in Dorsey v. State, No. 01-14-00685-CR., Hayes v. State, 04-14-00878-CR. and 04-14- 00879-CR., and Ross v. State, 01-14-00902-CR. b. Counsel has filed a writ of certiorari in the United States Supreme Court in Masterson v. Stephens. 7. Appellant’s motion is not for purposes of delay, but so that justice may be done. WHEREFORE, appellant prays that this Court will grant the requested extension. Respectfully submitted, /s/MANDY MILLER Attorney for appellant 2910 Commercial Center Blvd., Ste. 103-201 Katy, TX 77494 SBN 24055561 PHONE (832) 900-9884 FAX (877) 904-6846 mandy@mandymillerlegal.com 2 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument has been delivered via email to the following address: Fort Bend County District Attorney’s Office ATTN: John Harrity John.Harrity@fortbendcountytx.gov /s/MANDY MILLER Attorney for appellant 2910 Commercial Center Blvd., Ste. 103-201 Katy, TX 77494 SBN 24055561 PHONE (832) 900-9884 FAX (877) 904-6846 mandy@mandymillerlegal.com 3