ACCEPTED
01-14-00957-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
4/17/2015 11:06:56 AM
CHRISTOPHER PRINE
CLERK
NO. 01-14-00957-CR
IN THE COURT OF APPEALS FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
FIRST DISTRICT 4/17/2015 11:06:56 AM
CHRISTOPHER A. PRINE
Clerk
HOUSTON, TEXAS
NO. 1404642
IN THE TRIAL COURT
338TH JUDICIAL DISTRICT
HARRIS COUNTY, TEXAS
RICHARD RENE RIVERA § APPELLANT
VS. §
THE STATE OF TEXAS § APPELLEE
MOTION FOR EXTENSION OF TIME
FOR FILING APPELLANT'S BRIEF
ALLEN C. ISBELL
2016 Main St., Suite 110
Houston, Texas 77002
713/236-1000
Fax: 713/236-1809
STATE BAR NO. 10431500
COUNSEL ON APPEAL
TO THE HONORABLE COURT OF APPEALS:
COMES NOW RICHARD RENE RIVERA, appellant, by and through his
retained counsel on appeal, and respectfully requests this Honorable Court
grant an Extension of Time for Filing an Appellant's Brief. The present date
for filing the Brief is April 24, 2015, and it is respectfully requested that said
time be extended until May 22, 2015. For cause, appellant would show the
Court as follows:
I.
On November 11, 2014, appellant was convicted of Racing Without a
License (Dog/Horse), in the 338th District Court of Harris County, Texas
entitled The State of Texas vs. RICHARD RENE RIVERA, in Cause Number
1404642 and was sentenced to two (2) years confinement in the Texas
Department of Criminal Justice, Institutional Division, probated for two (2)
years and a $2,000 fine. No Motion for New Trial was filed. Written Notice of
Appeal was given November 18, 2013.
II.
Counsel is unable to timely file the Brief within the time period from the
first extension of filing the Reporter’s Record for the following reasons:
1. Counsel is in the process of relocating his office to 2016 Main St.,
Ste. 110, Houston, Texas 77002. Counsel must vacate the current
c:\appeals\rivera\ext. brief 2
office space by April 30, 2015.
2. Counsel is presently working on the following Brief for Appellant:
Torres v. State, No. 14-15-00155-CR & 14-15-00156-CR;
3. Counsel is presently working on the following Petition for
Discretionary Review for Appellant: Nelson v. State, No. 01-13-
00769-CR;
4. Counsel is currently preparing for the following criminal trials:
• State vs. Simon, No. 1391357 (Capital Murder)(set to begin
April 24, 2015);
• State vs. Hobbs, Nos. 1322693, 1322694, 1322764,
1322796, 1323767, 1324124, & 1324125 (Capital Murder
(Death Penalty), Agg. Sexual Assault, Aggravated
Kidnaping, Aggravated Assault, & Murder)(set to begin April
27, 2015).
4. Counsel has recently represented the following in court: State vs.
Bonds, No. 1436427; State vs. Caplan, No. 1449686; State vs.
Chapman, Nos. 1945284, 1945285, & 1945286; State vs.
Faulwell, No. 1438334; Hernandez vs. Cameron-Hernandez, No.
2014-53701; State vs. Hutchins, No. 1395799; In the Matter of L.
M., No. 2011-04644J; State vs. Joyner, No. 1358039; State vs.
Lightfoot, Nos. 1415378, 1415379, 1420878, & 1436565; State
vs. Magee, Nos. 1392085, 1386835, 1387732, & 1386809; State
vs. Morris, No. 1458287; State vs. Nash, No. 1444389; Payne vs.
Payne, No. 12-DCV-201630; State vs. Peters, No. 1447571;
State vs. Pinnock, Nos. 1435200 & 1393885; State vs. Rivas,
Nos. 1441514, 1441515, & 1441646; State vs. Roby, No.
1445825; State vs. Terrell, No. 1426152; State vs. Thedford, Nos.
1408153 & 1408154;
c:\appeals\rivera\ext. brief 3
III.
Counsel feels that if the additional time is granted, the Brief in this cause
will be filed timely.
IV.
This is the second (2nd) extension requested.
V.
This motion is urged at the first opportunity as appellant will suffer
irremediable harm if it is not granted.
WHEREFORE, PREMISES CONSIDERED, appellant prays that this
Honorable Court grant this extension of time in which to file the appellant's
Brief until May 22, 2015.
Respectfully submitted,
/s/ Allen C. Isbell
ALLEN C. ISBELL
2016 Main St., Suite 110
Houston, Texas 77002
713/236-1000
Fax No. 713/236-1809
STATE BAR NO. 10431500
email: allenisbell@sbcglobal.net
COUNSEL ON APPEAL
c:\appeals\rivera\ext. brief 4
Certificate of Service
I hereby certify that on this 17th day of April, 2015, a true and correct
copy of the foregoing motion was sent to the District Attorney's Office,
Appellate Division, and to Mr. Richard Rene Rivera, appellant.
/s/ Allen C. Isbell
ALLEN C. ISBELL
Certificate of Compliance
The undersigned attorney on appeal certifies this motion is computer
generated and consists of 676 words. Counsel is relying on the word count
provided by the Word Perfect computer software used to prepare the motion.
/s/ Allen C. Isbell
ALLEN C. ISBELL
c:\appeals\rivera\ext. brief 5
Richard Rene Rivera v. State
Combined Opinion