Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 6/19/2015 5:00:13 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00897-cr FIRST COURT OF APPEALS HOUSTON, TEXAS 6/19/2015 5:00:13 PM CHRISTOPHER PRINE CLERK NO. 01-14-00897-CR IN THE COURT OF APPEALS FOR THE FIRST DISTRICT HOUSTON, TEXAS ENRIQUE CHAVEZ AGUIRRE § APPELLANT

§

VS. §

§

THE STATE OF TEXAS § APPELLEE

APPEAL FROM THE 178 TH DISTRICT COURT HARRIS COUNTY, TEXAS TRIAL COURT NO. 0950986 MOTION FOR EXTENSION OF TIME TO FILE

APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COMES, ENRIQUE CHAVEZ AGUIRRE, Appellant in the above

entitled and numbered cause, by and through his attorney of record, Stanley G.

Schneider, and submits this Motion for Extension of Time to file Appellant’s Brief

until July 17, 2015. For good cause, Appellant shows as follows: Appellant was charged by indictment with the felony offense of

aggravated sexual assault of a child. Appellant entered a plea of not guilty. A jury

found Appellant guilty on October 22, 2014. The court assessed Appellant’s

punishment at 30 years in the institutional division of the Texas Department of

Criminal Justice. Notice of Appeal was given in a timely fashion. Appellant’s brief

was due to be filed June 15, 2015.

2. Appellant’s counsel participated in the following in the past thirty days:

USA v. Earnest Gibson , Sentencing hearing before District Judge Lee Rosenthal in

the Southern District of Texas and USA v. Curtis Cluff , Re-Arraignment hearing

District Judge David Hittner in the Southern District of Texas.

3. Appellant’s counsel conducted trial preparation in the following cases,

all of which were reset to a future date on their respective trial dates. State of Texas v. Rosario Garza , in the 209 th District Court of Harris

a .

County, Texas, which was set for trial on June 8, 2015. State of Texas v. Jose Cavazos , in the 228 th District Court of Harris

b.

County, Texas, which was set for trial on June 1, 2015. State of Texas v. Boniface Ojiaku , in the 176 th District Court of Harris

c.

County, Texas, which was set for trial on May 29, 2015.

4. Appellant counsel is currently set for trial in State of Texas v. Bradley

Cherry , in the 209 District Court of Harris County, Texas on Monday, June 22,

2015.

5. Furthermore, appellant’s counsel has had a heavy court docket for the

past thirty days in State Court which included, settings in Brazoria, Ft. Bend, Harris,

Montgomery and Polk County, Texas.

6. Due to his prior trial schedule, Appellant’s counsel will need additional

time to review the appellate record. This preparation is necessary for proper

representation in this case. This Motion is not made for delay, but to see that justice is done.

Appellant submits that the State of Texas will not be prejudiced by the granting of

this continuance.

PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant prays that the

deadline for filing of Appellant’s Brief be extended until July 17, 2015.

Respectfully submitted, SCHNEIDER & McKINNEY, P.C. /s/ Stanley G. Schneider Stanley G. Schneider T.B.C. No. 17790500 440 Louisiana Suite 800 Houston, Texas 77002 Office: 713-951-9994 Fax: 713-224-6008 Email: stans3112@aol.com ATTORNEY FOR APPELLANT CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the attached and foregoing

Motion for Extension of Time to Appellant’s Brief has been mailed and/or hand

delivered on the Appellate Section of the Harris County District Attorney’s Office,

1201 Franklin, Houston, Texas 77002 on this 19 day of June, 2015.

/s/ Stanley G. Schneider Stanley G. Schneider