ACCEPTED
01-14-00241-cr
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/8/2015 12:17:43 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00241-CR
In the FILED IN
1st COURT OF APPEALS
COURT OF APPEALS HOUSTON, TEXAS
For the 1/8/2015 12:17:43 PM
FIRST SUPREME JUDICIAL DISTRICTCHRISTOPHER A. PRINE
at Houston Clerk
______________________________________
On Appeal from the 240th Judicial District Court of
Fort Bend County, Texas
Cause Number 11-DCR-057053
______________________________________
SEAN MICHAEL MCGUIRE, Appellant
v.
THE STATE OF TEXAS, Appellee
_____________________________________
APPELLANT’S MOTION FOR EXTENSION OF TIME
DUE TO LACK OF COMPLETE RECORD
______________________________
TO THE HONORABLE JUSTICES OF THE FIRST COURT OF
APPEALS:
COMES NOW, Sean Michael McGuire, Appellant herein, by and through
his attorney of record, Kristen Jernigan, and files this, his Motion for Extension of
Time Due to Lack of Complete Record. In support of said motion, Appellant
would show the Court the following:
1. Appellant’s brief is due in this case on January 9, 2014.
2. Appellant seeks an extension of thirty days in which to file his brief,
making his brief due on or before February 8, 2015.
3. The docket in this case, found on the Court’s website, indicates that
portions of the Reporter’s Record in this case were filed on August 5, 2014;
October 16, 2014; October 20, 2014; and January 2, 2015. Despite this fact, the
Court initially set the due date for Appellant’s brief at September 5, 2014.
4. Appellant requested, and received two extensions of time. On
December 23, 2014, before the record in this case was complete, the undersigned
requested an extension of time. This Court granted a one-week extension and
directed that no further extensions would be considered or granted.
5. The undersigned learned from Karen Rothman, a court reporter who
transcribed a hearing in this case, that yet another volume is set to be filed this
date.
6. On January 7, 2015, the undersigned and co-counsel alerted the Clerk
of the Court that various portions of the record had only very recently filed and that
the record was still not complete. Despite the Court’s previous order, the Clerk of
the Court instructed the undersigned to file a Motion for Extension of Time
explaining that portions of the record were only recently filed and that the record
was not yet complete.
7. The undersigned alerted the Clerk of the Court that the brief in this
case is complete, based on the portions of the record the undersigned has received
and reviewed. However, the undersigned must review the entire record to
determine the appropriate points of error.
8. In the past sixty days, the undersigned has filed a brief in the Tenth
Court of Appeals in Cause Number 10-14-00227-CR, Pedro Rodriguez, Jr., v. The
State of Texas. In addition, the undersigned filed briefs in the Third Court of
Appeals in the following cases: Cause Number 03-14-00381-CR, Eric Alan Moore,
Jr., v. The State of Texas; Cause Number 03-14-00494-CR, William Albert Mower
v. The State of Texas; Cause Number 03-14-00252-CR, John Joseph Foster v. The
State of Texas; and Cause Number 03-14-00427-CR, Joshua Caleb Williams v. The
State of Texas. The undersigned also filed a brief in the First Court of Appeals in
Cause Number 01-14-00260-CR, Arthur Alexander Office v. The State of Texas.
Finally, the undersigned has made numerous court appearances and has undertaken
the tasks associated with the management of a solo attorney practice.
9. For the reasons set forth above, Appellant respectfully requests that he
be granted an extension of thirty days so that his brief in this case will now be due
on February 8, 2015.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully
requests that this Court grant his Motion for Extension of Time Due to Lack of
Complete Record.
Respectfully submitted,
_______/s/__Kristen Jernigan______
KRISTEN JERNIGAN
State Bar Number 90001898
207 S. Austin Ave.
Georgetown, Texas 78626
(512) 904-0123
(512) 931-3650 (fax)
Kristen@txcrimapp.com
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
foregoing Appellant’s Motion for Extension of Time Due to Lack of Complete
Record has been mailed to the Fort Bend County District Attorney’s Office, 301
Jackson, Richmond, Texas 77469, on January 8, 2015.
__/s/ Kristen Jernigan__________________
Kristen Jernigan
Sean Michael McGuire v. State
Combined Opinion