Brady Craig Koch, Jr. v. State ( 2015 )

ACCEPTED
01-14-00248-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/27/2015 2:42:49 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00248-CR
In the
Court of Appeals FILED IN
1st COURT OF APPEALS
For the HOUSTON, TEXAS
First District of Texas 7/27/2015 2:42:49 PM
At Houston CHRISTOPHER A. PRINE
 Clerk
No.1861254
In County Criminal Court at Law No. 5
Of Harris County, Texas

BRADY KOCH, JR.
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 information with driving while intoxicated, enhanced
with one prior conviction for driving while intoxicated. (C.R. at 8) Appellant
was convicted by a jury and was sentenced by the trial court to one year in the
Harris County Jail, probated for two years of community supervision. (C.R. at
91, 96-97) Appellant timely filed notice of appeal and the trial court certified
his right of appeal. (C.R. at 99-102) The State’s Reply Brief was due on July
27, 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 July 14,
2015.
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) Oliver Cruise v. State of Texas
No. 01-14-00833-CR
Brief Due: August 11, 2015
(2) Jason Conway v. State of Texas
No. 01-14-00659-CR
Brief Due: August 19, 2015
(3) Demetrus Horton v. State of Texas
No. 01-14-00993-CR
Brief Due: July 22, 2015
Brief Submitted: July 23, 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:
Emily Detoto; Megan Smith
Attorneys for Appellant
emilydetoto@mac.com;
megan@megansmithlaw.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 27, 2015