ACCEPTED
01-15-00290-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/3/2015 9:53:08 AM
CHRISTOPHER PRINE
CLERK
No. 01-15-00290-CR
In the Court of Appeals for the
FILED IN
1st COURT OF APPEALS
First District of Texas at Houston
HOUSTON, TEXAS
9/3/2015 9:53:08 AM
CHRISTOPHER A. PRINE
Clerk
No. 1416480
In the 208th District Court of
Harris County, Texas
FERNANDO RAZO
Appellant
v.
THE STATE OF TEXAS
Appellee
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE APPELLATE BRIEF
TO THE HONORABLE COURT OF APPEALS OF TEXAS:
COMES NOW APPELLANT, in accordance with Rules 2, 10.5(b)(1), and
38.6(d) of the Texas Rules of Appellate Procedure, and files this motion for
extension of time in which to file his appellate brief in this cause, and, in support
thereof, presents the following:
1. On March 16, 2015, appellant was convicted in the 208th District
Court of Harris County, Texas of the felony offense of Intoxication Manslaughter
in cause number 1416480, The State of Texas v. Fernando Razo. He was
sentenced to 10 tears confinement in the Texas Department of Criminal Justice –
Institutional Division.
2. Appellant filed a timely and written notice of appeal on March 16,
2015.
3. The reporter’s record was filed on July 27, 2015. The clerk’s record
was filed on May 8, 2015. Appellant’s brief was initially due on August 26, 2015.
Appellant has not requested any previous extensions.
4. Appellant respectfully requests an extension of time of sixty (60) days
until October 25, 2015 in which to file his brief.
5. The additional facts relied upon to explain the need for this extension
are as follows:
Appellant retained undersigned counsel to represent him on appeal. A
motion to permit his then-counsel of record to withdraw and allow for
the substitution of undersigned counsel was filed with this Court on
August 7, 2015. This Court did not rule on said motion until
September 3, 2015.
Although undersigned counsel has begun reviewing the record, he has
not had an opportunity to sufficiently identify and research the issues
in this case and needs more time to do so and properly present all
viable issues to this Court.
WHEREFORE PREMISES CONSIDERED, appellant prays that this Court
will grant an extension of time until October 25, 2015, in which to file his appellate
brief in this case.
Respectfully Submitted,
/s/ T. Brent Mayr
T. Brent Mayr
SBN 24037052
Law Office of Brent Mayr, P.C.
4101 Washington Ave., 2nd Floor
Houston, TX 77007
713.808.9613
713.808.9991 FAX
bmayr@bmayrlaw.com
ATTORNEY FOR FERNANDO RAZO
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing motion has been served on the
attorney for the State, Alan Curry, pursuant to Texas Rule of Appellate Procedure
9.5 (b)(1), through Appellant’s counsel’s electronic filing manager on September
3, 2015.
/s/ T. Brent Mayr
Law Office of Brent Mayr, P.C.
ATTORNEY FOR FERNANDO RAZO
Fernando Razo v. State
Combined Opinion