                                                                                                                                         ACCEPTED
                                                                                                                                     01-15-00409-CR
                                                                                                                          FIRST COURT OF APPEALS
                                                                                                                                  HOUSTON, TEXAS
                                                                                                                                9/21/2015 3:55:32 PM
                                                                                                                               CHRISTOPHER PRINE
                                                                                                                                              CLERK

                                                 NO. 01-15-00409-CR

                                                            IN THE                                       FILED IN
                                                                                                  1st COURT OF APPEALS
                                                                                                      HOUSTON, TEXAS
      COURT OF APPEALS FOR THE FIRST SUPREME JUDICIAL                                          DISTRICT  OF3:55:32
                                                                                                  9/21/2015  TEXASPM
                                                                                                  CHRISTOPHER A. PRINE
                                                                                                          Clerk
                                                       AT HOUSTON
....................................................................................................................................

                                            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
....................................................................................................................................

                                                                                 Charles Hinton
                                                                                 P.O. Box 53719
                                                                                 Houston, Texas 77052-3719
                                                                                 832-603-1330
                                                                                 chashinton@sbcglobal.net
                                                                                 SBOT #09709800
                                                                                 Attorney for Appellant
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 September 28, 2015.

       (B) the length of the extension sought is until October 28, 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:

       1. The State of Texas vs. Depachej Johnson, cause numbers 1307808

(burglary of a habitation) and 1346275 (aggravated robbery) set for jury trial the

week of September 14, 2015. Pre-trials motions were heard on September 15,

2015 and both cases were disposed of by way of a plea bargain agreement.

       2. 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

       3. 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.
      4. The State of Texas vs. Jaquan Bogany, cause number 1361283 (Murder)

set for jury trial the week of October 19, 2015.

      (D) One previous extension has been granted.

      Wherefore, undersigned counsel prays this honorable court to extend the

time for filing appellant's brief until October 28, 2015.

                                                     Respectfully submitted,

                                                     /s/Charles Hinton
                                                     Charles Hinton
                                                     P.O. Box 53719
                                                     Houston, Texas 77052-3719
                                                     832-603-1330
                                                     chashinton@sbcglobal.net
                                                     SBOT #09709800
                                                     Attorney for Appellant

                              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 September 21, 2015.

                                                     /s/Charles Hinton
                                                     Charles Hinton
                   CERTIFICATE OF COMPLIANCE

Appellant certifies that the word count of this document is 402.

                                            /s/Charles Hinton
                                            Charles Hinton
