ACCEPTED
14-14-00513-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
4/17/2015 8:24:26 PM
CHRISTOPHER PRINE
CLERK
CASE NO. 14-14-00513-CR
STATE OF TEXAS § IN THE FOURTEENTH
FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS
VS. § COURT OF APPEALS
4/17/2015 8:24:26 PM
CHRISTOPHER A. PRINE
Clerk
PEDRO REYES TREJO § SITTING IN HOUSTON I TEXAS
SECOND MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes PEDRO REYES TREJO, appellant in the
above-styled and numbered cause, and moves this Court to
grant his Second Motion to Extend Time to file
Appellant's Brief, pursuant to Rule 74(k) of the Texas
Rules of Appellate Procedure, and for good cause shows
the following:
I.
This case is on appeal from the 506TH Judicial
District Court of Waller County, Texas.
II.
The case below was styled the STATE OF TEXAS V. PEDRO
REYES TREJO and numbered 04-06-11756.
III.
On November 22, 2010 Appellant was found guilty by a
and sentence was imposed at 16 years in the
Institutional Division of the Texas Department of
Criminal Justice by the Honorable Jeff Steinhauser,
Judge in the 155th District Court of Waller County.
IV.
Thereafter Appellant appealed and the Court of
Appeals Affirmed on October 17, 2011. On November 12,
2013 Appellant filed his Motion for Court Order to
Appoint a Second Expert for DNA Testing. Said Motion
was denied and appeal was had. Subsequently said Appeal
was abated and a hearing had on the status of the case
and for appointment of an attorney. On December 31,
2014 the appeal was reinstated.
V.
One other brief extension has been requested and
granted. That extension of time of 60 days was from the
date the brief was due to March 30, 2015. Appellant
timely files this extension motion within 15 days of
said date.
VI.
Appellant's counsel now requests an extension of time
to May 10, 2015, for reasons that follow.
VII.
Counsel has been unable to complete Appellant's
Brief within the required time period. Appellant relies
on the following facts as good cause for his requested
extension of the time for filing:
0 I_uoLu or some other individual.
Given the seriousness of this matter and Counsel's
limited knowledge of the proceeding he is forced to
rely on that record and the Appellant. Further, counsel
has been set for the following court matters in the
month of March when the brief was due to today's date:
3- 3 - 15 -ACD - CEVALLOS,CAMPBELL,OSGOOD,BURGER,SMITH,
BLACKBURN, MARTIN
3 - 5 - 15 -ACCL-FLORES,POWERS
3-9-15-ACD-PICKRON MURDER TRIAL
WCD-VICKERS TRIAL
3 - 16 - 15-ACCL-JUV-SANDERS TRIAL - DISMISSED
3 - 19 - 15 -ACCL - MARQUEZ,HILL,RIVAS,HARRIS,MCKEY
3-24-1 5 -ACD - BURGER,TARVER,CAMPBELL,KELLOW,D-CAMACHO,
C - CAMACHO,BYRD,COFFMAN-HARRIS,ANDERS,SMITH
WCD-DANIELS,MCFARLAND
[ LEGEND ]
ACD-AUSTIN COUNTY DISTRICT COURT (155TH)
WCD-WALLER COUNTY DISTRICT COURT (506TH)]
ACCL-WALLER COUNTY COURT AT LAW
COLCOD-COLORADO COUNTY DISTRICT COURT (2ND 25TH)
WHEREFORE, PREMISES CONSIDERED, appellant prays that
this Court grant this Second Motion To Extend Time to
File Appellant's Brief until May 5, 2015 for
such other and further relief as this Court may
deem appropriate.
Respectfully submitted,
CALVIN GARVIE
POST OFFICE BOX 416
BELLVILLE, TEXAS 77418
PH (979) 865-5456
FAX (832)383-8814
Email texattycg@aol.com
BY: /s/ Calvin Garvie
STATE BAR NO.:07714300
ATTORNEY FOR APPELLEANT
CERTIFICATE OF WORD COUNT
I hereby certify that this Second Motion, it's affidavit
and certificates contains a total of words.
/s/ Calvin Garvie
CERTIFICATE OF SERVICE
I hereby certify that a copy of the above and foregoing
Second Motion To Extend Time to File Appellant's Brief
was sent by mailed, faxed, e-mailed or hand-delivered to
the Waller County District Attorney's Office on April
17, 2015. .
/s/ Calvin Garvie
STATE OF TEXAS
COUNTY OF WALLER
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day
personally appeared CALVIN GARVIE, who after being duly
sworn stated:
"I am the attorney for the appellant in the
above numbered and entitled cause. I have read
the foregoing Second Motion To Extend Time to
File Appellant's Brief and swear that all of
the allegations of fact contained therein are
true and correct to the best of_illy knowledge."
)
/e2 LA,
CAL IN GARVIE
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on April 17,
2015, to certify which witness my hand and seal of
office.
Nota y Public, State of Texas