ACCEPTED
01-13-00909-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/1/2015 12:47:47 PM
CHRISTOPHER PRINE
CLERK
NO. 01-13-00909-CR
________________________________________
FILED IN
1st COURT OF APPEALS
In the HOUSTON, TEXAS
Court of Appeals 1/2/2015 9:53:00 AM
For the CHRISTOPHER A. PRINE
First District of Texas Clerk
At Houston
________________________________________
No. 1369903
In the 182nd District Court of
Harris County, Texas
________________________________________
MICHAEL ODURO KWARTENG,
Appellant
v.
THE STATE OF TEXAS,
Appellee
MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS OF TEXAS:
COMES NOW MICHAEL ODURO KWARTENG, the Appellant in the
above styled and numbered case, and pursuant to Rules 10.5(b) and 38.6(d) of the
Texas Rules of Appellate Procedure, respectfully moves this Honorable Court to
extend the time to file the Appellant’s brief, and in support thereof would show the
Court as follows:
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I.
Undersigned counsel was appointed on March 5, 2014.
II.
The deadline for filing the Appellant’s Brief in this case was December 22,
2014.
III.
The Appellant requests a 45-day extension for filing his Brief.
IV.
Two extensions have been granted since counsel was appointed. The
Appellant also filed a pro se motion for extension on February 14, 2014, after
which undersigned counsel was appointed.
V.
The following facts are relied upon to show good cause for the requested
extension:
a. This case involves a guilty plea with a sentencing hearing based on a pre-
sentence investigation report (PSI).
b. The appellant was sentenced to 10 years in prison.
c. The PSI is the most critical document in this appeal and it is currently not in
the record. Counsel is still trying to obtain the PSI.
d. Counsel has been out of town for the Christmas holidays.
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e. The Appellant’s motion is not for purposes of delay, but so justice may be
done by affording effective assistance of counsel.
WHEREFORE PREMISES CONSIDERED, the Appellant respectfully
requests that this Honorable Court grant an extension of time until February 5,
2015 in which to file the Appellant’s brief in this case.
Respectfully submitted,
__/s/ Emily Detoto____________
EMILY DETOTO
State Bar No. 00797876
917 Franklin, 4TH Floor
Houston, Texas 77002
(713) 227-2244
(713) 222-5840 (fax)
emilydetoto@mac.com
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Appellant’s Motion for
Extension of Time to File Appellant’s Brief was electronically delivered to Mr.
Alan Curry, Appellate Division Chief, Harris County District Attorney’s Office, on
this 1st day of January 2015.
___/s/ Emily Detoto___
EMILY DETOTO
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