Demetrus Tremaine Horton v. State ( 2015 )


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  •                                                                                            ACCEPTED
    01-14-00993-CR
    FIRST COURT OF APPEALS
    HOUSTON, TEXAS
    5/21/2015 3:09:37 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   5/21/2015 3:09:37 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 between himself and the State to twenty-five years in the Texas
    Department of Criminal Justice, Institutional Division. (C.R. at 115-116; 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 May 21, 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 not assigned this brief until: May 8,
    2015.
    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: 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
    Response Filed: April 24, 2015
    (3)     Sammie Davis v. State of Texas
    No. 14-14-00778-CR
    Brief Due: June 5, 2015
    (4)     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:
    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: May 21, 2015
    

Document Info

Docket Number: 01-14-00993-CR

Filed Date: 5/21/2015

Precedential Status: Precedential

Modified Date: 9/29/2016