Agbeze, Ex Parte James

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 [email protected]

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 [email protected] 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