Case Information
*1 Retum to: choose an ¡tem, Cause Number: 13-t¡-63¿CR Appeal Type:Choose an item.
Date: 8ltrlz0rs Assigned to Judge: Choose án ¡tem, Motion #: 4 Panel:
Mot¡on is: Unopposed
Party: Appef lant
LJ Mo¡ton tor ßehearing Ll MFL to f¡le MFR
f] Motion for Rehear¡ng En Banc ! Motion to Dismiss Appeal
Reconsideration ll other: _
I vlL to fite orief
Bfief Rece¡ved: Click here enter a
date.
Brlef Due: Cllck here enter â date,
ffi vtTto fite brief - Requesr #4
Due: &lLflzOLS
Until: 8/31¡/2015
Record fifed: gl2lzors
Prevjous extens¡ons granted: 3
For total JE_days Recommendation: _ lJ f'MET and does not require circulat¡on qrfrz Nn4 tvz¡zJça, Q4 :uoge's necommend;)en and Approvats: "=":qv4 ;0"^\,
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Þ @ ".-Ë g'\ ,,\h/ ,l NUMBER,r.,o*orrn.I* fl lt{^, couRToFAppEALs \- THIRTEENTH DISTRICT TEXAS CORPUS GHRISTI . EDINBURG FRANCISCO CAZARES, Appellant, rne srere oF TEXAS, Appellee.
On appeaf from the g2nd District Court Hidalgo Gounty, Texas. ORDER TO FILE APPELLATE BRIEF Before J ustices_Rod riguez, Garza,an d Lon go ria Order per Guriam.
This cause is before court appe[ant's fourth for extension of time to file the brief' Appeilant's brief was originaily due to be fired on Aprif 1, 2015, ihis Gourt has previousry granted appeilant three extensions for the firing apperlnt,s brief cause. Appertant has now requested an additionar twenty days to file briel *3 which would make the brief due on August 31,2015.
The Court, having fully examined and considered appellant's fourth for time to file the brief and the extensions previously granted in this cause, the opinion that, in the interest justice, appellant's fourth motion for extension time to file the brief should be granted with order. The Court, however, looks with disfavor upon the delay caused by counsel's failure to have filed brief this matter. Appellant's fourth motion extension of t¡me to file brief is GRANTED, and the Honorable Rolando Garza, counsel for appellant, ORDERED file appellate brief Court or before 31,2015. NO FURTHER EXTENSIONS WILL BE GRANTED tN TH|S MATTER. lf counsel fails to file brief within the specified period time, Court will act appropriately ensure that appellant's rights are protected. TEX. R. App. p. 38.8(bX4).
PER CURIAM
Do not publish.
ïex. R. App. P.47.2(b).
Delivered and filed the day of ,2015. *4 ACCEPIÊD '13-14-00634-cr
THIRIEENIH COURT OF APPFALS CORPUS CHRISTI, TEXAS th1/2015 11:17:59 AM CECILE FOY GSANGER CLERK CAUSE NO. 13-14-00634-CR INTI{E FILED IN couRT oF APPEALS FOR TIIE 13!! couRr oF APPEALS TEXAS THTRTEENTH DrsrRrcicoRffiili üf :TNBURG' AT CORPUS CHRISTI, TEXAS ro" é.oñn.* ".",r= Clerk F'R.ANCISCO CAZARES APPELLANT VS.
TF{E ST,A.TE OF TEXAS APPELLEE
MOTION FOREXTENSION TIME TO FILE APPELLANT'S BRTEF
Comes now Appeliant, by and through undersigned counsel, and files this motion for an extension of twenty (20) days to frle Appellant's Brief, and for cause would show as follows:
l. Appellant was charged found guilty of murder. He was sentenced to 50 years in the Texas Department of Corrections by 92"d District Court.
2. Appellant filed timely notice appeal.
3. Appellant's Erief due today on August 11,2015.
4. An extension twenty days (20) days, until 31,2015 sought.
Appellant offers the following activities reasonably explain need for this time frle his brief:
a. the present case, two volumes reporters record, the
punishment phase and the hearing on motion for new trial have now been filed; reading entire record; working three issues review *5 b. frnalizing and filing a reply brief in a cause styled U.S.A.
v. Omar Rojas; c. considering filing a 2255 motion in a federal cause sryled
U.S.A. v. Robert Maldonado;
d. having a trial in a cause styled In Interest M.V.;
e. preparing for trial in a causes styled the State ofTexas v.
Eduardo Margo, the State of Texas v. Monica Salinas, the Sate Texas v. Rosario Cruz, and State Texas v. Guadalupe Galvan;
f. preparing for and attending abatement hearing from a
murder appeal in a cause before this court styled State Texas v. Raul Lara;
g. preparing and filing for two level reductions in federal
sentencing matters pursuant to amended federal sentencing guidelines for former clients;
h. conferring clients various civil and criminal
matters;
i. making various court appeaxances in child welfare and
state and federal criminal law matters; j. finalizing and filing brief in cause before theis court
styled The State Texas v. Ofelia Larios; k. preparing suppression hearings causes styled the
State ofTexas v. Rumualdo Guevara State ofTexas v. Michael Montoya
5. The State not opposed to this motion.
6. This requested not for the pu{pose ofdelay, but so thatjustice may be done.
s/herefore, premises considered, Appellant respectfullyrequests thatthis court grant an twenty (20) days, until 31,20L5 for the filing Appellant's brief.
Rpspectfully submiffed: Rolando Gafza 310 West University Edinburg, TX 78539 Bus: (956) 318-1102 Fax: (956) 381-5005 SBN:24004665 \TERIFICÀTION BEFORE ME, undersigned authority, on day personally appeared R-olando Garza, who after being duly sworn stated:
"I am the attomey appellant above numbered and entitled cause. I have read tlre foregoing motion and swear that all ofthe allegations fact contained therein are true and conect."
SUBSCRIEED ANI) SWORN TO BEFORE ME on
certiÛ¡ witness my hand and seal of office.
Zlich
Notary Fublic, State Texas
CERTIFICATE SERVICE I hereby certiÛ/ that copy ofthe foregoing has been mailed or hand delivered Ted Flake, opposing counsel, at Hidalgo County District Attorney's Offce, Hidalgo County Court Flouse, 100 N. Closner, Edinburg, Texas, on {'-tt -t5
À.