ACCEPTED
05-15-00171-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
6/15/2015 12:38:02 PM
LISA MATZ
CLERK
CAUSE NO. 05-15-00171-CR
LUIS TERRAZA DURAN COURT OF APPEALS
FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
VS. FIFTH DISTRICT OF
6/15/2015TEXAS
12:38:02 PM
LISA MATZ
THE STATE OF TEXAS Clerk
AT DALLAS
MOTION FOR LEAVE TO FILE SECOND MOTION TO
EXTEND TIME TO LATE-FILE APPELLANT'S ORIGINAL BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes LUIS TERRAZA DURAN, Appellant in the above styled and
numbered cause, and moves this Court to grant leave to file a second motion for the
extension of time to late-file appellant's original 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 366 th Judicial District Court of Collin
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. LUIS TERRAZA
DURAN, and numbered 366-82853-2011.
3. Appellant was convicted of two counts of Aggravated Sexual Assault
and one count of Indecency with a Child by Contact.
Appellant's Motion for Leave to File Second Motion to
Extend Time to Late-File Appellant's Brief Page 1 of 5
4. Appellant was assessed a sentence of fifty-five (55) years to the
Institutional Division of the Texas Department of Criminal Justice and seventeen (17)
years to the Institutional Division of the Texas Department of Criminal Justice. The
sentences were ordered to run concurrently.
5. Notice of appeal was given on February 6, 2015.
6. The clerk's record was filed on April 7, 2015; the reporter's record was
filed on April 6, 2015.
7. The appellant's original brief was due on May 7, 2015.
8. Appellant was previously given an extension of time of twenty-five (25)
days from the date of May 11, 2015, to file appellant's original brief on June 5, 2015.
9. Counsel for Appellant requests for the final time an extension of time of
ten (10) days from the date of June 5, 2015, to file Appellant's Original Brief on June
15, 2015.
10. Defendant is currently incarcerated.
11. Appellant relies on the following facts as good cause for the requested
extension:
Appellant's Motion for Leave to File Second Motion to
Extend Time to Late-File Appellant's Brief Page 2 of 5
Counsel for Appellant has prepared for and/or participated in no less than two
criminal bench trials, three criminal jury trials, one family law bench trial, and two
family law contested/emergency hearings. Counsel for Appellant has also appeared at
criminal dockets in Collin, Dallas, Denton, and Hunt Counties, resetting misdemeanor
and felony cases, reaching plea bargains, participating in contested motion hearings
and bench/jury pre-trial arraignments as well. Additionally, Counsel for Appellant
has been responsible for the care of his 10-year old daughter for the past two (2)
weeks due to medical issues with her mother. Counsel for Appellant has been unable
to work without constant interruption which has caused significant delay in
submitting this Brief to the Court. Counsel for Appellant offers his sincerest apology
and respectfully asks the Court to grant this final extension.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court
grant this Motion for Leave to File Second Motion to Extend Time to Late-File
Appellant's Brief, and for such other and further relief as the Court may deem
appropriate.
Appellant's Motion for Leave to File Second Motion to
Extend Time to Late-File Appellant's Brief Page 3 of 5
Respectfully submitted,
MARC J FRATTER
1207 West University Drive, Suite 101
McKinney, Texas 75069
Tel: (214) 471-3434
Fax: (972) 424-4719
mfratter@yahoo.corn
By: /s'/ Marc" J. Fra,11-e,r
Marc J. Fratter
State Bar No. 24029973
Attorney for LUIS TERRAZA DURAN
CERTIFICATE OF SERVICE
This is to certify that on June 15, 2015, a true and correct copy of the above and
foregoing document was served on the District Attorney's Office, Collin County,
Texas, by hand delivery.
/si Marc, J. Froul-i-e-r
Marc J. Fratter
Appellant's Motion for Leave to File Second Motion to
Extend Time to Late-File Appellant's Brief Page 4 of 5
STATE OF TEXAS §
§
COUNTY OF COLLIN §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
Marc J. Fratter, 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 Motion to Extend Time to Late-File
Appellant's Brief and swear that all of the allegations of fact contained
therein are true and correct."
► 4Actc Cr , FP0t-t_ EQ
Marc J. Fratter
A ffiant
SUBSCRIBED AND SWORN TO BEFORE ME on IS- 2015, to
certify which witness my hand and seal of office.
-AI, In An An
EUZASETH JUSTICE 1C-C
My Commission Wins
January 17, 2019 Notary Pu , State 2 f Texas
I
Appellant's Motion for Leave to File Second Motion to
Extend Time to Late-File Appellant's Brief Page 5 of 5
Luis Terraza Duran v. State
Combined Opinion