Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/6/2015 2:04:33 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00824-cr FIRST COURT OF APPEALS HOUSTON, TEXAS 5/6/2015 2:04:33 PM CHRISTOPHER PRINE CLERK NO. 01-14-00824-CR IN THE COURT OF APPEALS OF TEXAS FIRST SUPREME JUDICIAL DISTRICT KEVIN WIMES, APPELLANT VS.

STATE OF TEXAS, APPELLEE MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLANT’S BRIEF

TERRENCE GAISER LAWYER FOR APPELLANT 2900 SMITH STREET, # 220 HOUSTON, TEXAS 77006 SBOT# 07572500 713/ 225-0666 tagaiser@aol.com *2 NO. 1431168 STATE OF TEXAS § IN THE DISTRICT COURT

§

VS. § HARRIS COUNTY,TEXAS

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KEVIN WIMES § 339TH JUDICIAL DISTRICT

MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLANT’S BRIEF

NOW COMES KEVIN WIMES, appellant in the above-captioned

cause, by and through his attorney, TERRENCE GAISER, and files his

Motion for Extension of time within which to file Appellant’s Brief; for

which he would show:

1) This is an appeal from a conviction for the offense of aggravated sexual

assault of a child. Punishment was assessed at forty years confinement.

Notice of appeal was timely filed.

2) This is the second extension of time. The brief was due April 20, 2015.

3) Appellant would request an extension of time to file the brief to and

including the 11 day of May, 2015.

4) For good cause counsel for the appellant would show that he has not had

time to complete the brief in this cause for the following reasons:

a) When counsel was appointed in this case, on January 26, 2015,

counsel was not informed that this appeal had been abated, and the

record had already been filed. Counsel assumed this appeal would

follow the normal course of events and the record would be filed at a

future date. It was two weeks later, through the order of this court,

that counsel learned the brief was already late. The record in this case

is in excess of 800 pages

b) Counsel has been in the criminal courts of the State of Texas in

Harris County, Texas, and surrounding counties on a daily basis since

the inception of this appeal as follows:

03/18//15 232 st District Court State v. Ruiz Identity Fraud

03/19/15 County Court 1 [Galv.] State v. Muscovalley PCS

3/20/15 County Court 6 State v. Munguia Theft State v. Crockett Theft Dictrict Court State v. Patrick Online Solicit. State v. Stegall PCS State v. Tolan Ag. Sx. Asslt. Ch. rd State v. Morris Ag. Robb. District Court State v. McDaniel Retaliation State v. Garcia Ag Asslt. Pub. Ser. State v. Haywood Ag. Sx. Asslt. Ch. State v. Roberts PCS *4 177 th District Court State v. Lee Arson County Court 10 State v. Frazier Assault 178 th

4/1/15 State v. Rodriguez Capital Murder 351 st District Court

4/1/15 State v. Robinson PCS 232 District Court

4/2/15 State v. Muscovalley Evading MV 178 th

4/2/15 State v. Denkins Capital Murder 263 rd District Court

4/3/15 State v. Lyons Agg. Robb. 248 th

4/7/15 State v. Mendez Sex. Asslt. Ch. 178 th District Court

4/7/15 State v. Tolan Agg. Sx. Asslt. Ch st District Court

4/8/15 State v. Casiano PCS

4/9/15 County Court 1 State v. Underwood Theft

4/9/15 State v. McKnight Theft State v. Jackson PCS District Court State v. Amaya Tampering State v. Branch CAW State v. Gomez DWI District Court State v. Cooper Eng. Org. Cr. st District Court State v. Batts PCS District Court State v. Ruiz ID Fraud *5 351

4/17/15 State v. Delmar Agg. Asslt. 262 nd District Court

4/21/15 State v. Rose Cont.Sx.Aslt.Ch. 339 th District Court

4/21/15 State v. Tornes ID Fraud State v. Reyes Assault 337 th District Court State v. Crockett Theft 179 th State v. Nagel Agg. Robb. 179 th District Court

4/23 /15 State v. Rhine Agg. Robb. 179 th District Court State v. Moody PCS 179 th District Court State v. Omustafa Agg. Asslt. th District Court State v. Magee Capital Murder th District Court State v. Mason Capital Murder State v. Seymour PCS State v. Norris Assault State v. Gomez MRP/DWI

5/1/15 State v. Kizee Agg. Robb. District Court

5/1/15 State v. Mason Capital Murder District Court

5/5/15 State v. Torres Capital Murder

5/6/15

b) Counsel filed the brief in Gims v. State, # 01-14-00279-CR, Capital

Murder, on 03/20/15.

c) Counsel has other briefs due in this Court and the 14 Court that he

is trying to complete.

WHEREFORE, PREMISES CONSIDERED, Appellant prays for an

extension of time to file the Appellant’s Brief to and including May 11,,

2015.

RESPECTFULLY SUBMITTED, S/Terrence A. Gaiser TERRENCE A. GAISER LAWYER FOR APPELLANT 2900 SMITH STREET, # 220 HOUSTON, TEXAS 77006 SBOT# 07572500 tagaiser@aol.com CERTIFICATE OF SERVICE I CERTIFY THAT A COPY OF THE ABOVE AND

FOREGOING MOTION FOR EXTENSION OF TIME WITHIN

WHICH TO FILE APPELLANT’S BRIEF WAS SERVED ON ALL

PARTIES ACCORDING TO THE RULES.

S/Terrence A. Gaiser TERRENCE A. GAISER