Free Motion to Continue Trial - District Court of Arizona - Arizona

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The Law Offices of Adrián P. Fontes, PLC 668 N. 44th Street, Suite 300 Phoenix, AZ 85008 602-685-1070 602-685-1071 (fax) [email protected] Attorney for the Defendant IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) No: CR 04-884-PHX-FJM ) ) MOTION TO CONTINUE TRIAL ) ) (Second Request) ) ) ) )

United State of America, Plaintiff, vs. CHRISTOPHER FERNANDEZ, Defendant

Defendant CHRISTOPHER FERNANDEZ by and through undersigned counsel, respectfully 13 moves this Honorable Court for an Order continuing the trial date presently scheduled for March 6, 14 2007 for a period of sixty (60) days subject to the Court's calendar and for the foregoing reasons. 15 Defense Counsel is currently set to try the case titled State of Arizona v. Ronald Ashton Doty, 16 CR2005-122538. This trial is scheduled to begin on February 26, 2007, and will take at least 8 trial 17 days. Mr. Doty has been in custody since the date of the alleged offense of July 23, 2005. The State of 18 Arizona has notified the Maricopa County Superior Court that they are flying witnesses into Arizona for 19 this trial. Due to the nature of trial calendars in the Superior Court, the trial may not begin until 20 February 27 or 28. 21 Undersigned counsel avows that he has contacted the Assistant United States Attorney assigned 22 to this matter, Andrea Gutierrez regarding her position to this motion and Ms. Gutierrez does not have 23 any objection the relief being requested herein. 24 25

Case 2:04-cr-00884-FJM

Document 48

Filed 02/23/2007

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1 This Motion is made in good faith and will serve the public's interest in that providing Defendant 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with effective representation is necessary to insure fairness and protect the Defendant's constitutional rights. A continuance will insure counsel for both the government and the Defendant the reasonable time necessary for effective preparation. Indeed a continuance outweighs the best interests of the public and the Defendant's speedy trial rights. It is expected that excludable delay under 18 U .S.C. §3l61 (h)(8)(A); (B )(iv) and (h)(1)(f) may result from this Motion or from an Order based thereon. THEREFORE, based on the foregoing, Defendant JOSEPH R. SHUFFLER by and through undersigned counsel, respectfully requests that this Honorable Court enter an Order extending the pretrial Motion deadline for a period of sixty (60) days and continuing the trial for a period of sixty (60) days from March 6, 2007, subject to the Court's calendar. RESPECIFULLY SUBMITTED this 23rd day of February, 2007. THE LAW OFFICES OF ADRIAN P. FONTES, PLC __/s/ Adrián P. Fontes_____________ Adrián P. Fontes Attorney for Defendant

CERTIFICATE OF SERVICE I certify that on the 23rd day of February, 2007, I electronically transmitted this document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants. Andrea Gutierrez, Esq. Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 By /s/ Adrián P. Fontes Adrián P. Fontes Attorney for Defendant

Case 2:04-cr-00884-FJM

Document 48

Filed 02/23/2007

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