Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/26/2015 8:00:00 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00409-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 10/26/2015 12:00:00 AM CHRISTOPHER PRINE CLERK NO. 01-15-00409-CR IN THE
COURT OF APPEALS FOR THE FIRST SUPREME JUDICIAL DISTRICT OF TEXAS
AT HOUSTON
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TRIAL COURT NO. 1299015 IN THE 209TH DISTRICT COURT OF HARRIS COUNTY, TEXAS ....................................................................................................................................
CURTIS SYLVESTER BABERS, APPELLANT V.
THE STATE OF TEXAS, APPELLEE ....................................................................................................................................
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF ....................................................................................................................................
P.O. Box 53719 Houston, Texas 77052-3719 832-603-1330 chashinton@sbcglobal.net SBOT #09709800 Attorney for Appellant *2 TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS
FOR THE FIRST SUPREME JUDICIAL DISTRICT:
Comes now appellant, Curtis Sylvester Babers, pursuant to TEX. R. APP.
PROC. 10.5(b) and 38.6 and moves the Court for an extension of time to file
appellant's brief, and in support shows the following:
(A) the deadline for filing appellant's brief is October 28, 2015.
(B) the length of the extension sought is until November 16, 2015.
(C) the facts relied upon to reasonably explain the need for an extension
are:
Appellant's attorney has been preparing for jury trial in the following cases
in the 209th District Court:
1. The State of Texas vs. Marvin Windom, cause numbers 1342650
(Aggravated Assault-habitual indictment) and 1342651 (burglary of a habitation-
habitual indictment), set for jury trial the week of October 5, 2015. The cases
were disposed of by way of a plea bargain on October 9, 2015 in the Impact
Court.
2. The State of Texas vs. Russell Loge, cause number 1181851 (aggravated
sexual assault of a child), set for jury trial the week of October 19, 2015. The case
was reset to November 2, 2015.
3. The State of Texas vs. Jaquan Bogany, cause number 1361283 (murder),
set for jury trial the week of October 19, 2015. The case has been carried to
Monday, October 26, 2015. Both the State and the Defense were informed by the
Court that our case will start trial on that date in the Impact Court,
4. The State of Texas vs. Alexander Ascencio, cause number 1302016
(aggravated sexual assault of a child), set for jury trial the week of November 9,
2015 in the Impact Court.
5. The State of Texas vs. John Davis, cause number 1364895 (aggravated
sexual assault of a child), set for jury trial the week of November 9, 2015 in Impact
Court.
(D) Two previous extensions has been granted.
Wherefore, undersigned counsel prays this honorable court to extend the
time for filing appellant's brief until November 16, 2015.
Respectfully submitted, /s/Charles Hinton P.O. Box 53719 Houston, Texas 77052-3719 832-603-1330 chashinton@sbcglobal.net SBOT #09709800 Attorney for Appellant *4 CERTIFICATE OF SERVICE I certify that a copy of this motion has been electronically served upon Alan
Curry, Chief Prosecutor, Appellate Division, Harris County District Attorney's
Office, 1201 Franklin St., Ste. 600, Houston, Texas 77002 on October 25, 2015.
/s/Charles Hinton Charles Hinton CERTIFICATE OF COMPLIANCE Appellant certifies that the word count of this document is 479.
/s/Charles Hinton