Ricardo Javier Pena v. State ( 2015 )

ACCEPTED
01-14-00804-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/18/2015 3:25:12 PM
CHRISTOPHER PRINE
CLERK
Nos. 01-14-00803-CR, 01-14-00804-CR
In the
Court of Appeals FILED IN
1st COURT OF APPEALS
For the HOUSTON, TEXAS
First District of Texas 5/18/2015 3:25:12 PM
At Houston CHRISTOPHER A. PRINE
 Clerk
Nos. 1392873, 1392874
In the 178th District Court
Of Harris County, Texas

RICARDO PENA
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 indictment with two offenses of
aggravated sexual assault of a child under fourteen years of age (C.R. I at
12; C.R. II at 12).1 Appellant pled guilty to both offenses on March 24,
2014, and a pre-sentence investigation hearing was held on August 8,
2014. (C.R. I at 26-34; 2 R.R. at 5-6; see C.R. II at 27, 34-35, 45)
1
C.R. I refers to the Clerk’s Record for cause number 1392873 (No. 01-14-00803-CR);
C.R. II refers to the Clerk’s Record for cause number 1392874 (No. 01-14-00804-CR).
Appellant was found guilty by the trial court and sentenced to twenty
years in both cases, to run concurrently, in the Texas Department of
Criminal Justice, Institutional Division. (C.R. I at 45-46; C.R. II at 34-
35; 3 R.R. at 4) Appellant timely filed notice of his intent to appeal and
the trial court certified his right to appeal. (C.R. I at 48-50; C.R. II at 37-
39) Appellant timely filed a motion for new trial alleging ineffective
assistance of counsel, which was denied after a hearing was conducted.
(C.R. I at 54-58; C.R. II at 43-47; 4 R.R. at 38) The State’s brief was due
on May 18, 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. 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) 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
(2) Manuel Nava v. State of Texas
No. 01-14-00628-CR
Brief Due: May 6, 2015
Brief Submitted: May 6, 2015
(3) Demetrus Horton v. State of Texas
No. 01-14-00993-CR
Brief Due: May 21, 2015
(4) Sammie Davis v. State of Texas
No. 14-14-00778-CR
Brief Due: June 5, 2015
(5) Mark Mahlow v. State of Texas
No. 01-14-00753-CR
Brief Due: June 10, 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:
Mark Rubal
Attorney for Appellant
mrubal@ws-law.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 18, 2015