ACCEPTED
01-14-00684-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/6/2015 3:00:10 PM
CHRISTOPHER PRINE
CLERK
IN THE
FIRST COURT OF APPEALS
OF TEXAS FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
In the Matter of § CASE NO. 1/6/2015
01-14-00684-CV
3:00:10 PM
§ CHRISTOPHER A. PRINE
§ Clerk
§ On Appeal From Harris County
§ Cause No. 201305802J
M.I.S. § 313th District Court
APPELLANT’S MOTION
TO EXTEND TIME TO FILE APPELLATE BRIEF
Appellant, M.I.S., a juvenile, moves for an extension of time to file his appellate
brief, under TEX. R. APP. P. 10.5(b).
I. TRIAL COURT PROCEEDINGS
On July 18, 2014, a judge sentenced M.I.S. to 10 years’ confinement in the
Texas Juvenile Justice Division after a jury found him guilty of aggravated robbery.
Defendant filed notice of appeal on August 14, 2014. The record was completed on
December 6, 2014.
II. PROCEEDINGS IN THIS COURT
The Appellant’s brief was due January 5, 2015. No previous extensions have
been requested.
III.
Since the record was completed, counsel has filed a brief in the case of Joshua
Adan Lopez v. State, Cause No. 01-14-00637-CR, and has been working to complete a
brief in Reginald Hill v. State, Cause No. 14-14-00376-CR and a petition for
discretionary review in Michael Jermaine Williams v. State, Cause No. 14-13-00827-CR.
Counsel also has missed several days of work due to flu that she contracted over the
Christmas holiday.
IV.
In the exercise of due diligence, then, counsel was unable to complete the brief
for Appellant by the deadline, and needs an additional 30 days to file it. This motion is
not filed for purposes of delay, but so that justice may be done.
PRAYER
Appellant respectfully requests that this motion be granted and that the Court
permit an extension of time until February 5, 2015 to file Appellant’s brief.
Respectfully submitted,
ALEXANDER BUNIN
Chief Public Defender
Harris County Texas
/s/ Cheri Duncan
______________________________
CHERI DUNCAN
Assistant Public Defender
Harris County Texas
SBN 06210500
1201 Franklin, 13th Floor
Houston Texas 77002
(713) 368-0016
(713) 368-9278 (Fax)
cheri.duncan@pdo.hctx.net
Attorney for Appellant,
M.I.S.
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CERTIFICATE OF SERVICE
I certify that a copy of Appellant’s Motion to Extend Time to File Appellate
Brief was served electronically on the Appellate Division of the Harris County District
Attorney’s Office, 1201 Franklin St, 6th Floor, Houston, TX on January 6, 2015.
/s/ Cheri Duncan
____________________________________
CHERI DUNCAN
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