Mark Aaron Mahlow v. State ( 2015 )


Menu:
  •                                                                                              ACCEPTED
    01-14-00753-CR
    FIRST COURT OF APPEALS
    HOUSTON, TEXAS
    5/11/2015 3:05:26 PM
    CHRISTOPHER PRINE
    CLERK
    No. 01-14-00753-CR
    In the
    Court of Appeals                     FILED IN
    1st COURT OF APPEALS
    For the                     HOUSTON, TEXAS
    First District of Texas         5/11/2015 3:05:26 PM
    At Houston                CHRISTOPHER A. PRINE
                                   Clerk
    No. 1931546
    In the County Criminal Court at Law No. 4
    Of Harris County, Texas
    
    MARK MAHLOW
    Appellant
    V.
    THE STATE OF TEXAS
    Appellee
    
    STATE’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF
    
    TO THE HONORABLE COURT OF APPEALS:
    THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 2 & 10.5, moves for
    an extension of time in which to file its appellate brief and in its motion, would
    show the Court the following:
    1. The State charged appellant by information with driving while
    intoxicated. (C.R. at 6) Appellant was found guilty by a jury and was
    sentenced by the trial court to 180 days in the Harris County Jail and a
    $750.00 fine, probated for one year.       (C.R. at 57-58; 5 R.R. at 4)
    Appellant timely filed notice of appeal and the trial court certified he had
    the right to appeal. (C.R. at 63-65) Appellant moved for a new trial and
    appellant’s request was denied by the trial court. (C.R. at 72-98; Motion
    for New Trial R.R. at 34) The State’s brief was due on May 11, 2015.
    This Court has previously granted one prior motion for extension of time
    for the State to file a reply brief on April 10, 2015. The following facts
    are relied upon to show good cause for an extension of time to allow the
    State to file its brief:
    a. Appellant raises multiple issues and points of error that require
    additional time to process in order for the State to adequately
    respond.
    b. The undersigned attorney was involved in the following written
    appellate projects during the time the undersigned attorney was
    assigned State’s reply brief in this case:
    (1)       Gary Martins v. State of Texas
    No. 14-14-00688-CR
    Brief Due: May 4, 2015
    Brief Submitted: April 17, 2015
    (2)       James Guzman v. State of Texas
    No. 01-15-00149-CR
    No. 01-15-00150-CR
    No. 01-15-00151-CR
    Brief Due: May 18, 2015
    Response Filed: April 24, 2015
    (3)       Manuel Nava v. State of Texas
    No. 01-14-00628-CR
    Brief Due: May 6, 2015
    Brief Submitted: May 6, 2015
    (4)     Demetrus Horton v. State of Texas
    No. 01-14-00993-CR
    Brief Due: May 21, 2015
    (5)     Sammie Davis v. State of Texas
    No. 14-14-00778-CR
    Brief Due: June 5, 2015
    (6)     Ricardo Pena v. State of Texas
    No. 01-14-803-CR
    No. 01-14-804-CR
    Brief Due: May 18, 2015
    Consequently, the undersigned attorney has been unable to complete
    the State’s reply brief in this case in the time permitted despite due
    diligence, and the requested extension of time is necessary to permit
    the undersigned attorney to adequately investigate, complete, and
    file the State’s appellate brief for this cause. The State’s motion is
    not for purposes of delay, but so that justice may be done.
    WHEREFORE, the State prays that this Court will grant a thirty day extension of
    time for the undersigned attorney to complete and file the State’s appellate brief in
    this case.
    Respectfully submitted,
    /s/ Patricia McLean
    PATRICIA MCLEAN
    Assistant District Attorney
    Harris County, Texas
    1201 Franklin, Suite 600
    Houston, Texas 77002-1923
    (713) 755-5826
    McLean_Patricia@dao.hctx.net
    TBC No. 24081687
    CERTIFICATE OF SERVICE
    This is to certify that a copy of the foregoing instrument will be served by e-
    filing to:
    Richard Oliver
    Attorney for Appellant
    rickoliverlaw@gmail.com
    /s/ Patricia McLean
    PATRICIA MCLEAN
    Assistant District Attorney
    Harris County, Texas
    1201 Franklin, Suite 600
    Houston, Texas 77002-1923
    (713) 755-5826
    McLean_Patricia@dao.hctx.net
    TBC No.24081687
    Date: May 11, 2015
    

Document Info

Docket Number: 01-14-00753-CR

Filed Date: 5/11/2015

Precedential Status: Precedential

Modified Date: 9/29/2016