Agbeze, Ex Parte James ( 2015 )

PD-1597-15 PD-1597-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/10/2015 7:59:20 PM Accepted 12/11/2015 12:37:59 PM ABEL ACOSTA NO. _____________ PD CLERK IN THE COURT OF CRIMINAL APPEALS OF TEXAS ___________________________________________ EX PARTE JAMES AGBEZE Petitioner, _________________________________________________________ Petition in Cause No. 1288928 from the TH 180 District Court of Harris County, Texas and the Court of Appeals for the 14TH District of Texas ____________________ FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S PETITION FOR DISCRETIONARY REVIEW ____________________ TOM ABBATE 440 LOUISIANA, STE 200 HOUSTON, TX 77002 OFFICE: (713) 223-0404 FAX: (800) 501-3088 December 11, 2015 tom@tomabbatelaw.com SBOT # 24072501 TO THE HONORABLE JUDGES OF THE TEXAS COURT OF CRIMINAL APPEALS: Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Petitioner, JAMES AGBEZE, files this First Motion to Extend Time to File his Petition for Discretionary Review. Petitioner’s brief was due on DECEMBER 7, 2015. Counsel for Petitioner requests a 4-day extension of time to file its brief, making the brief due on DECEMBER 10, 2015. This is the first request for extension of time to file the opening brief. This request is not sought for delay but so that justice may be done. All facts recited in this motion are within the personal knowledge of the counsel signing this motion, therefore no verification is necessary under Rule of Appellate Procedure 10.2. PRAYER FOR RELIEF For the reasons set forth above, Appellant requests that this Court grant this Unopposed First Motion to Extend Time to File his Petition for Discretionary Review and extend the Deadline for Filing the Petitioner’s Brief up to and including DECEMBER 10, 2015. Appellant prays for all other relief to which it may be entitled. Respectfully submitted, _________________________ TOM ABBATE 440 LOUISIANA, STE 200 HOUSTON, TX 77002 OFFICE: (713) 223-0404 FAX: (800) 501-3088 tom@tomabbatelaw.com SBOT # 24072501 Counsel for Petitioner CERTIFICATE OF SERVICE I certify that on DECEMBER 10, 2015, a true and correct copy of the forgoing motion was delivered to the HARRIS County District Attorney’s Office by ELECTRONIC MAIL. _________________________ TOM ABBATE SBOT: 24072501 Counsel for Petitioner