ACCEPTED
01-15-00176-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
4/24/2015 4:45:17 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00176-CR
IN THE COURT OF APPEALS
FILED IN
FOR THE 1st COURT OF APPEALS
HOUSTON, TEXAS
4/24/2015 4:45:17 PM
FIRST DISTRICT OF TEXAS
CHRISTOPHER A. PRINE
Clerk
AT HOUSTON
T. C. CAUSE NO. 1967710
IN THE COUNTY CRIMINAL COURT OF LAW #3
OF HARRIS COUNTY, TEXAS
RUSSELL LEVI POPE
Appellant
v.
THE STATE OF TEXAS
Appellee
APPELLANT'S FIRST MOTION FOR EXTENSION OF TIME IN
WHICH TO FILE APPELLATE BRIEF
TO THE HONORABLE JUSTICES OF THE 1st COURT OF APPEALS:
COMES NOW, RUSSELL LEVI POPE, Appellant, and files this his Motion for
Extension of Time to file Appellant' s Brief, pursuant to Rules 9 and 10 of the Texas Rules of
Appellate Procedure, and in support thereof, would show the Court the following:
I.
Appellant was charged by Information with the misdemeanor offense of driving while
intoxicated in cause number 1967710. Appellant filed a dispositive Motion to Suppress Blood
Search Warrant with the trial court on January 20, 2015. A hearing was had on Appellant's
dispositive motion to suppress on January 30, 2015. The trial court denied Appellant's dispositive
Motion to Suppress Blood Search Warrant. After the denial of his dispositive motion to suppress,
the Appellant, by agreement with the State, plead guilty to the misdemeanor offense of driving
while intoxicated. The trial court sentenced Appellant to one year in the Harris County jail, but
suspended the sentence, placing Appellant on probation for two (2) years.
II.
On February 3, 2015, Appellant perfected his notice of appeal.
III.
Appellant's attorney seeks additional time to file his brief for the following reasons:
1. Appellant's attorney was retained to pursue the appeal on behalf of Appellant on April
20, 2015, only ten (10) days before the brief on the appeal is due with this Honorable
Court. Although the Appellant has made arrangements to pay for the Reporter's Record,
appellate counsel has not yet received the record for use in preparing the brief on appeal.
2. Additionally, the Attorney is preparing for trials in the State of Texas v. Joshua
Escalante, charged with the felony offense of Assault Family Violence - Choking in
cause number 1422392, set for trial May 4, 2015 in the 182nd District Court of Harris
County, Texas and State ofTexas v. Gregory Milliken, charged with the felony offense of
Indecency with a Child by Contact in cause number CR31157, set for trial May 11 , 2015
in the 253rd District Court of Liberty County, Texas.
3. Finally, Counsel for Appellant is a solo practitioner and will need the requested
additional time to complete the review of the Reporter's Record, to be able to then
prepare Appellant's Brief.
PRAYER
Wherefore, premises considered, undersigned counsel prays for this Court to extend the
time for filing Appellant's brief until June 23, 2015, which is sixty days from the current
deadline.
Respectfully submitted,
Richard K. Oliver
SBN 24048179
1221 Studewood St.
Houston, Texas 77008
Tel: 713-864-3700
Fax: 713-864-3703
ATTORNEY FOR APPELLANT
RUSSELL LEVI POPE
AFFIDAVIT
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
Before me, the undersigned authority, on this day personally appeared RJCHARD K.
OLIVER, who after being duly sworn, deposed and stated:
"I am the attorney in charge for Appellant, Russell Levi Pope. I have read the attached
Motion and the facts and allegations contained therein are true and correct to the best of my
knowledge and belief."
Further Affiant sayeth not.
Richard K. Oliver
SWORN TO AND SUBSCRJBED before me on this ~J~ay of ~ ' 2015.
Notary Public, State of Texas
. ~"·"''
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