James E. Guzman v. State ( 2015 )

ACCEPTED
01-15-00149-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/18/2015 4:18:26 PM
CHRISTOPHER PRINE
CLERK
Nos. 01-15-00149-CR, 01-15-00150-CR, 01-15-00151-CR
In the
Court of Appeals FILED IN
1st COURT OF APPEALS
For the HOUSTON, TEXAS
First District of Texas 5/18/2015 4:18:26 PM
At Houston CHRISTOPHER A. PRINE
 Clerk
Nos. 1974171, 1974172, 2001637
In the County Criminal Court at Law No. 4
Of Harris County, Texas

JAMES GUZMAN, pro se
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 three offenses of
1
misdemeanor assault. (C.R. I at 7; C.R. II at 7; C.R. III at 6) Two
cases were enhanced with a prior conviction for felony assault-family
member. (C.R. I at 7; C.R. II at 7) Appellant’s third assault case was
enhanced with a prior misdemeanor assault conviction. (C.R. III at 6)
1
C.R. I refers to the Clerk’s Record for cause number 1971471 (No. 01-15-00149-CR);
C.R. II refers to the Clerk’s Record for cause number 1974172 (No. 01-15-00150-CR);
C.R. III refers to the Clerk’s Record for cause number 2001637 (No. 01-15-00151-CR).
Appellant pled guilty to all three cases pursuant to a plea bargain
agreement reached between himself and the State. (C.R. I at 10-11; C.R.
II at 10-11; C.R. III at 10-11) Appellant was sentenced to 120 days in the
Harris County Jail with credit for eight days served. (C.R. I at 16; C.R. II
at 16; C.R. III at 15) The sentences were to run concurrently and
matched the plea bargain agreement reached between appellant and the
State. (C.R. I at 16-17; C.R. II at 16-17; C.R. III at 15-16; see C.R. I at
10; C.R. II at 10; C.R. III at 10) Appellant timely filed notice of appeal
but the trial court certified appellant had no right of appeal in any of the
cases and expressly denied appellant permission to appeal. (C.R. I at 19,
22; C.R. II at 19, 22; C.R. III at 18, 21; R.R. I at 8; R.R. II at 8; R.R. III
2
at 8; see C.R. I at 17, 23; C.R. II at 17, 23; C.R. III at 16, 22) The
record contains no written motions filed and ruled upon by the trial court
prior to appellant’s guilty pleas.
2. The State’s brief was due on May 18, 2015. This Court has previously
granted one extension for the State to file a reply brief on April 17, 2015.
The following facts are relied upon to show good cause for an extension
of time to allow the State to file its brief:
2
R.R. I refers to the Reporter’s Record for cause number 1971471 (No. 01-15-00149-CR);
R.R. II refers to the Reporter’s Record for cause number 1971472 (No. 01-15-00150-CR);
R.R. III refers to the Reporter’s Record for cause number 2001637 (No. 01-15-00151-CR).
a. The undersigned attorney filed a Motion to Dismiss appellant’s
appeal in all three cases at issue in this appeal for want of
jurisdiction on April 24, 2015. Based upon the abovementioned
statement of the case, appellant failed to invoke this Court’s
jurisdiction in any of the cases at issue in this appeal. As of May
18, 2015, the undersigned attorney has not received notice of this
Court’s ruling upon the State’s Motion to Dismiss for want of
jurisdiction. Should this Court grant the State’s Motion to
Dismiss, a reply brief upon the merits of appellant’s appeal would
not be necessary for this Court to review.
b. Additionally, the undersigned attorney has been involved in
completing 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: May 18, 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 not completed the
State’s reply brief in this case in the time permitted, and the
requested extension of time would be necessary to permit the
undersigned attorney to adequately investigate, complete, and file
the State’s appellate brief for this cause, should this Court deny the
State’s Motion to Dismiss. The State’s motion is not for purposes of
delay, but so that justice may be done.
WHEREFORE, the State prays that, should this Court deny the State’s Motion to
Dismiss, this Court will grant a thirty day extension of time, from the date of the
denial, if any, of the State’s Motion to Dismiss, 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 to:
James E. Guzman, pro se
TDC #01023457; SPN 01125709
Texas Department of Criminal Justice
Joe F. Gurney Transfer Facility
1385 FM 3328
Palestine, TX 75803
/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