Case Information
*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 11/16/2015 6:14:06 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-15-00400-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 11/16/2015 6:14:06 PM CHRISTOPHER PRINE CLERK
No. 14-15-00400-CR
SANDRA F. BERRY § IN THE FOURTEENTH
§
VS. § COURT OF APPEALS
§
THE STATE OF TEXAS § OF TEXAS
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT OF APPEALS:
COMES NOW Sandra F. Berry, Appellant, by and though her undersigned
attorney of record, and files this Motion to Extend Time to File Appellant’s brief
herein, and as sufficient cause therefore shows the following facts within the
personal knowledge of Appellant’s attorney:
I.
Appellant was indicted for the offense of Tampering with Evidence.
Appellant pled not guilty and proceeded to trial. The trial jury found Appellant
guilty and sentenced her to serve 15 years in prison. Appellant filed timely written
notice of appeal.
II.
On September 24, 2015, Appellant’s attorney received notice from this
Honorable Court that Appellant’s motion to extend time to file Appellant’s brief
had been granted, making Appellant’s brief due on or before November 2, 2015.
III.
Appellant’s attorney hereby requests that the due date for Appellant’s brief
be extended by a period of 30 days until December 2, 2015. This is Appellant’s
fourth request for an extension in this matter.
IV.
The facts relied upon to reasonably explain the need for the requested
extension are as follows:
Appellant’s attorney is a solo practitioner who had a full schedule of court
appearances on numerous pending felony cases since October 1, 2015. In addition,
during this same period Appellant’s attorney was involved in pre-trial preparations
followed by a two day jury trial in one felony case, as well as in pre-trial
preparations in six other pending felony trial cases. Further, Appellant’s attorney
was involved in reviewing records and researching points of error in four other
pending direct appeals. Finally, Appellant’s attorney was out of the country on a
previously scheduled family trip for three weeks.
Given the foregoing facts, Appellant’s attorney did not have adequate time
available to properly review the appellate record, fully research potential points of
error, and draft and file an appropriate appellate brief on Appellant’s behalf by the
current due date of November 2, 2015.
WHEREFORE, ALL PREMISES CONSIDERED, Appellant prays that this
Honorable Court of Appeals will grant this motion and extend the time to file
Appellant’s brief for a period of 30 days to December 2, 2015.
Respectfully Submitted,
/s/ Randall J. Ayers
_________________________
Randall J. Ayers
Attorney for Appellant
State Bar #01465950
P.O. Box 1569
Houston, Texas 77251-1569
rjayerslaw@comcast.net (e-mail)
281-493-6333 (office)
281-493-9609 (fax)
CERTIFICATE OF SERVICE
I certify that I served the foregoing motion on the District Attorney of Harris
County, Texas, by sending a copy to Mr. Alan Curry, Chief of the Appellate
Division, Harris County District Attorney’s Office, via electronic service to
curry_alan@dao.hctx.net on November 16, 2015.
/s/ Randall J. Ayers
_________________________
Randall J. Ayers
Attorney for Appellant
State Bar #01465950
P.O. Box 1569
Houston, Texas 77251-1569
rjayerslaw@comcast.net (e-mail)
281-493-6333 (office)
281-493-9609 (fax)
CERTIFICATE OF COMPLIANCE
Pursuant to the provisions of Rule 9(i)(3) of the Texas Rules of Appellate
Procedure I certify that this document contains 536 words.
/s/ Randall J. Ayers
_________________________
Randall J. Ayers
Attorney for Appellant
State Bar #01465950
P.O. Box 1569
Houston, Texas 77251-1569
rjayerslaw@comcast.net (e-mail)
281-493-6333 (office)
281-493-9609 (fax)