Demetrus Tremaine Horton v. State ( 2015 )

ACCEPTED
01-14-00993-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/22/2015 4:38:18 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00993-CR
In the
Court of Appeals FILED IN
1st COURT OF APPEALS
For the HOUSTON, TEXAS
First District of Texas 7/22/2015 4:38:18 PM
At Houston CHRISTOPHER A. PRINE
 Clerk
No.1387050
In the 178th District Court
Of Harris County, Texas

DEMETRUS HORTON
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. Appellant was charged by indictment with possession of a controlled substance
between one and four grams, enhanced with two prior felony convictions.
(C.R. at 12) Appellant was convicted by a jury and was sentenced by
agreement to twenty-five years in the Texas Department of Criminal Justice,
Institutional Division. (C.R. at 115-16; 3 R.R. at 116) Appellant timely filed
notice of appeal and the trial court certified his right of appeal. (C.R. at 119-21)
The State’s Reply Brief was due on July 22, 2015. This Court has previously
granted two prior motions for extension of time to file the State’s Reply Brief
on May 21, 2015, and June 22, 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 points of error that require additional
time to process in order for the State to adequately respond.
b. The undersigned attorney has also been involved in the following
written appellate projects during the time the undersigned attorney
was assigned State’s reply brief in this case:
(1) Ricardo Pena v. State of Texas
No. 01-14-00803-CR
No. 01-14-00804-CR
Brief Due: June 17, 2015
Brief Submitted: June 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: June 16, 2015
Brief Submitted: June 16, 2015
(3) Oliver Cruise v. State of Texas
No. 01-14-00833-CR
Brief Due: August 11, 2015
(4) Sammie Davis v. State of Texas
No. 14-14-00778-CR
Brief Due: July 6, 2015
Brief Submitted: July 6, 2015
(5) Jason Conway v. State of Texas
No. 01-14-00659-CR
Brief Due: August 19, 2015
(6) Mark Mahlow v. State of Texas
No. 01-14-00753-CR
Brief Due: July 10, 2015
Brief Submitted: July 8, 2015
(7) Brady Koch v. State of Texas
No. 01-14-00248-CR
Brief Due: July 27, 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:
Tom Moran
Attorney for Appellant
tom6294@aol.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: July 22, 2015