NO. O4-15-OO183-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
RICHARD LARES,
Appellant
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V.
THE STATE OF TEXAS, a ~tt^ —
Appellee jj ,V S** — \"_^J
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MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now Comes, Richard Lares, Appellant in the above styled and numbered cause,
and moves this Court to Grant an extension of time to file appellant's brief,
pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure, and for good
cause shows the following:
1. This Case is on Appeal from the 399th Judicial District Court of Bexar County
Texas.
2. The case below was styled the STATE OF TEXAS vs.Richard Lares, and numbered
2016-CR-10110.
3. Appellant was convicted of Aggravated Sexual Assault of a Child and Senten
ced to thirty (30) years and a $1,500.00 fine was assessed on August 11,2009 in
a "Judgment of Conviction by Court - Waiver of Jury Trial."
4. On January 26,2015, the 399th District Court signed a Judgment Nunc Pro Tune.
5. On February 25,2015, Appellant placed a "Motion to Arrest Judgment" in a
prison mail box(file dated by the Court as March 5,2015).
6. On March 15,2015, Appellant placed a "Notice of Intent to Appeal"the trial
court's ruling on his Motion to Arrest Judgment in the prison mail box, but
was filed dated by the Court on March 19,2015.
7. On March 19,2015, attorney Barry P. Hitchings was appointed as Appellant's
attorney on direct appeal.
8. On April 7,2015, the Fourth Court of Appeals issued an Order for Appellant
to show cause why the Fourth Court of Appeals has jurisdiction in this appeal
because Appellant's Notice of Appeal appeared untimely.
9. On May 1, 2015, the 399th District Court judge signed an Order denying Appe
llant's Motion to Arrest Judgment.
10. On May 13,2015, the Fourth Court of Appeals issued an Order which recited,
in part: "Based on the record before us, we conclude Appellant's notice of app
eal was timely filed and we have jurisdiction over this appeal. We reinstate
the appellate deadlines. Appellant's brief is due within thirty days of the
date of this order."
11. On May 28,2015, Appellant filed a "pro se" "Motion for Leave to Amend Notice
of Appeal" which was filed in the Court of Appeals on June 2,2015 in a Supplem
ental Clerk's Record.
12. On May 29,2015, Appellant's court appointed attorney on direct appeal Barry
P. Hitchings filed an "Amended Notice of Appeal" with the trial court which was
filed in the Court of Appeals on June 1,2015 in a Supplemental Clerk's Record.
13. The Clerk's Record was filed on April 2,2015.
14. On May 1,2015 the Reporter's Record(of the June 10,2009 Plea Hearing) was
filed with the Fourth Court of Appeals by Court Reporter Cheryl Lyren.
15. On June 4,2015 the Reporter's Record(of the August 10,2009 Punishment/Sent
encing hearing) was filed with the Fourth Court of Appeals by Court Reporter
Yvette Mendez.
16. The appellate brief is presently due on June 12,2015 pursuant to the Fourth
Court of Appeals Order dated May 13,2015.
17. Appellant requests an extension of time of 30 days from the present date
of June 21,2015.
18. Appellant's counsel filed an Anders brief in this case and a motion to wit
hdraw on June 12,2015,without interviewing in person and no phone communication.
19. Appellant wishes to correct appellant counsel's Anders brief to the effect
that counsel rais applied clearly established law and may not have had a grip
on the application of law.
20. Appallant is Mentally 111 and without normal mental faculties that persons
of sound mind have.
21. Appellant is currently incarcerated in prison.
22. Appellant relies on the following facts as good cause for the requested ex
tension:
Appellant's counsel has provided a copy of the appellate record to me. I
will need additional time to review these documents of the record, research the
applicable laws and prepare a pro se brief because even if appellant provides
a Motion for reappointment of an Appellant Counsel who has expirence with clie
nts who suffer from mental ill and disorders, appellant believes that he will
be prejudice once again by appointed counsel due to the nature of the alleged
offense and the emotional attachments along with it.
WHEREFORE, PREMISES CONSIDERED, Appellant Prays that this Court Grant this
Motion To Extend Time to File Appellant's Brief, and for such other and further
relief as tha Court may deem appropriate.
Respectfully Submitted;
RICHARD LARES,Pro Se
CERTIFICATE OF SERVICE
This is to certy that on June 21,2015, a true and correct copy of the above and
foregoings documents was served on the District Attorney's Office, Bexar County,
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Texas.
RICHARD LARES
OH-K-ooirs
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