ACCEPTED
04-15-00223-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
9/2/2015 12:58:44 AM
KEITH HOTTLE
CLERK
CAUSE NO. 04-15-00223-CR
CARLOS FAZ, § IN THE COURT OF APPEALS
FILED IN
4th COURT OF APPEALS
Appellant §
SAN ANTONIO, TEXAS
VS. § IN SAN ANTONIO, TEXAS
09/02/2015 12:58:44 AM
§ th
KEITH E. HOTTLE
Clerk
THE STATE OF TEXAS, § 4 JUDICIAL DISTRICT
Appellee
MOTION FOR EXTENSIONOF TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW, CARLOS FAZ, Appellant, and files this Motion for
Extension of Time to File Appellant's Brief, pursuant to Rules 10.5(b) and
38.6(d), Texas Rules of Appellate Procedure. In support of this Motion,
Appellant would show the following:
I.
Appellant’s brief is due to be filed on September 2, 2015. Counsel for
Appellant requires an extension of time to complete and file Appellant’s brief in
this cause. This is Appellant’s second request for extension of time, but
Appellant’s first request for extension of time since the appellate record was filed in
its entirety.
II.
Counsel for Appellant has worked diligently on the brief since receiving
the complete record, but has been unable to complete it for the following reasons:
1. Counsel for Appellant appeared for numerous, previously set, pretrial
and trial settings in the county and district criminal courts of Bexar County,
Texas.
2. Counsel for Appellant was also involved in assisting with the
research and preparation of several appellate and post-conviction matters
pending in Harris County, Texas.
3. Counsel for Appellant has also worked diligently on the
investigation, research, and preparation of the following, upcoming, post-
conviction matters: Ex parte Corey Farrow, Ex parte Alexander Gauthier, Ex
parte John Anthony Torres, Ex parte Shannon Spradlin.
4. Counsel for Appellant also worked diligently on, and filed, the
Appellant’s Brief in the Fourth Court of Appeals in, Nos. 04-15-00207 and 04-
15-00208, styled Jessica G. Castillo v. State of Texas.
5. Counsel for Appellant also worked diligently on, and filed, the
Applicant’s writ of habeas corpus pursuant to 11.07 of the Texas Code of
Criminal Procedure and Applicant’s Memorandum in Support of Writ of Habeas
Corpus in the 186th District Court of Bexar County, Texas in, cause no.
2011CR11054-W1, styled Ex parte Luis Galvan.
III.
This request is not made for the purpose of delay, but rather this request is
made to allow counsel adequate time to prepare Appellant’s brief. Appellant
moves this Court for an order granting an extension of thirty (30) days, or until
October 2, 2015, for Appellant to submit the brief in this case.
WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court
for an order granting an extension of thirty (30) days for Appellant to submit
the brief in this case.
Respectfully submitted,
/s/ Daniel De La Garza
DANIEL DE LA GARZA
TBA No. 24077965
1800 McCullough
San Antonio, Texas 78212
Telephone: (210) 263-1146
Facsimile: (210) 855-6274
Email: Daniel.DeLaGarza@me.com
COUNSEL FOR APPELLANT,
CARLOS FAZ
CERTIFICATE OF COMPLIANCE
Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the undersigned
counsel of record certifies that the motion contains 638 words.
/s/ Daniel De La Garza
Daniel De La Garza
CERTIFICATE OF SERVICE
I hereby certify a true and correct copy of the above and foregoing Motion
for Extension of Time to File Appellant's Brief was delivered to the Bexar County
District Attorney’s Office via email on this the 2nd day of September, 2015.
/s/ Daniel De La Garza
Daniel De La Garza
CAUSE NO. 04-15-00223-CR
CARLOS FAZ, § IN THE COURT OF APPEALS
Appellant §
VS. § IN SAN ANTONIO, TEXAS
§ th
THE STATE OF TEXAS, § 4 JUDICIAL DISTRICT
Appellee
ORDER
On this the _____ day of _______________________, 2015, came on to be
heard the Appellant's Motion for Extension of Time to File Appellant's Brief and the
Court is of the opinion that this Motion should be:
GRANTED, and the deadline for filing the Appellant's brief in Cause No.
04-15-00223-CR is extended to, __________________________, 2015.
DENIED, to which action of the Court the Appellant
objects.
SIGNED this the day of , 2015.
JUDGE PRESIDING