Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/8/2015 6:10:13 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00279-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 9/8/2015 6:10:13 PM CHRISTOPHER PRINE CLERK No. 01-15-00279-CR In the

COURT OF APPEALS For the

FIRST JUDICIAL DISTRICT at Houston, Texas On Appeal from the 338 Judicial District Court of Harris County, Texas in Cause Number 1344346 JOSEPH JUAN FACUNDO, Appellant v.

THE STATE OF TEXAS, Appellee __________________________ APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF THE FOURTEENTH COURT OF APPEALS:

COMES NOW, Joseph Juan Facundo, Appellant herein, by and through his

attorney of record, Patrick F. McCann, and files this, his Final Motion for Extension

of Time. In support of said motion, Appellant would respectfully show the Court the

following:

1) Appellant’s brief was due on August 27, 2015, however, exceptional

circumstances exist that warrant the grant of a final extension in time in which to file

Appellant’s brief to protect Appellant’s state and federal rights.

2) This request is for 45 days only.

3) The undersigned counsel, a solo practioner, lost his office assistant of

several year two weeks ago.

4) The undersigned has been preparing a death brief in Rivers v. State to

Trial in State v. Sciacca in the 179 District Court, is filing a brief on a non-death

capital Monday in Sam v. State, is preparing a brief on an Aggravated Robbery in Villa

Senor v. State, and is preparing for a trial later this month on a capital case in the

Court of Criminal Appeals, a death brief to the Fifth Circuit in Norris v. Stephens,

filed a Motion for New State of Texas v. Lopez, though it is possible that case may be

re-set or pled.

4) This case, though older, was sent back to the trial court for reassignment,

and the record is voluminous. The Court of Appeals in its order specifically disagreed

with the appellate attorney, who was also the trial attorney, and who was removed as

counsel of record by order of the Court, as to the presence of any arguable points of error,

and thus the undersigned wishes to carefully review this extensive record for arguable

points of error.

For the reasons set forth above, Appellant respectfully requests that he be

granted an extension of forty-five (45) days from this date so that his brief in this case

will now be due on October 23, 2015, and the Court will accept the filed brief.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests that

this Court grant his Motion for Extension of Time, and that the Court further grant

any additional relief to which he may be justly entitled.

DATED this 8 day of September, 2015.

Respectfully submitted, The Law Offices of Patrick McCann By: /s/ Patrick F. McCann Patrick F. McCann SBN: 00792680 909 Texas Avenue, Suite 205 Houston, Texas 77002 Phone: (713) 223-3805 eFax: (281) 667-3352 *4 CERTIFICATE OF SERVICE This is to certify that on September 8, 2015, a true and correct copy of the

above and foregoing document was duly served by either prepaid U. S. Mail or by

Hand-Delivery upon the following:

District Attorney

Harris County, Texas

1201 Franklin Street, 6 Floor

Houston, Texas 77002

/s/ Patrick F. McCann Patrick F. McCann