Rube Garcia Cantu v. State ( 2015 )

ACCEPTED
01-15-00443-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/30/2015 4:34:23 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00443-CR
In the FILED IN
1st COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
For the 11/30/2015 4:34:23 PM
First District of Texas CHRISTOPHER A. PRINE
Clerk
At Houston
♦
No. 1441765
th
In the 230 Criminal District Court
Of Harris County, Texas
♦
RUBEN GARCIA CANTU
Appellant
V.
THE STATE OF TEXAS
Appellee
♦
STATE’S MOTION FOR EXTENSION OF TIME IN WHICH
TO FILE APPELLATE BRIEF
♦
TO THE HONORABLE COURT OF APPEALS:
THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 10.1, 10.5(b) & 38.6(d),
moves for an extension of time within which to file its appellate brief. In support
of its motion, the State submits the following:
1. Appellant was charged by indictment with possession of marijuana in
a useable quantity of more than four ounces and less than five pounds.
2. After appellant’s motion to suppress was denied, appellant entered a
plea of “guilty.”
3. In accordance with a plea agreement with the State, appellant was
sentenced to four years’ probation.
4. Appellant filed a written notice of appeal on May 12, 2015.
5. Appellant’s brief was filed August 31, 2015.
6. The State’s brief was due September 30, 2015.
7. The State seeks an extension until today file its brief on this case.
8. The undersigned attorney also filed three briefs in the last 30 days and
five more due in the next 30 days.
9. 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 the requested
extension until November 30, 2015.
Respectfully submitted,
/s/ Bridget Holloway
BRIDGET HOLLOWAY
Assistant District Attorney
Harris County, Texas
Harris County Criminal Justice Center
1201 Franklin, Suite 600
Houston, Texas 77002
713.274.5826
Texas Bar No. 24025227
holloway_bridget@dao.hctx.net
CERTIFICATE OF SERVICE
This certifies the undersigned attorney requested that a copy of this
document be served to appellant’s attorneys via TexFile at the following email on
November 30, 2015:
Mandy Miller
Attorney for Appellant
Email: mandy@mandymillerlegal.com
/s/ Bridget Holloway
BRIDGET HOLLOWAY
Assistant District Attorney
Harris County, Texas
Harris County Criminal Justice Center
1201 Franklin, Suite 600
Houston, Texas 77002
713.274.5826
Texas Bar No. 24025227
holloway_bridget@dao.hctx.net