ACCEPTED
01-14-00575-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/11/2015 11:17:17 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00575-CR FILED IN
1st COURT OF APPEALS
In the Court of Appeals for the HOUSTON, TEXAS
2/11/2015 11:17:17 PM
First District of Texas at Houston CHRISTOPHER A. PRINE
Clerk
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No. 1909929
In the County Criminal Court at Law No. 13
Harris County, Texas
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VIBHA HARISH PATEL,
Appellant
v.
THE STATE OF TEXAS,
Appellee
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APPELLANT’S MOTION FOR EXTENSION OF TIME
IN WHICH TO FILE APPELLATE BRIEF
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TO THE HONORABLE COURT OF APPEALS OF TEXAS:
Appellant Vibha Harish Patel respectfully moves to extend
the deadline for filing her brief on direct appeal pursuant to
Rules 2, 10.5(b), 38.6(d), and 37 of the Texas Rules of Appellate
Procedure. Appellant offers the following in support:
1. On May 22, 2014, the judge of County Criminal Court at
Law No. 13, Harris County, Texas, imposed a 5-day jail
sentence in this case pursuant to a jury’s verdict that
appellant was guilty of driving while intoxicated.
2. Appellant filed a timely notice of appeal.
3. Appellant’s brief was due February 5, 2015.
4. Appellant requests an extension of time in which to file
her brief until February 12, 2015. Applicant further
requests that this Court accept the accompanying brief
and order it filed.
5. Appellant has been granted two prior extensions of time
in which to file her brief.
6. The facts relied upon to explain the need for this
extension are:
a. The medical issue that (in part) precipitated
counsel’s last extension request took more time to
deal with and was finally resolved today; and
b. Counsel has been in trial, or preparing for trial
and/or sentencing, in many matters, some of which
are:
i. United States v. Svetalina Zagon, No. 12-CR-
00626-SJ in the United States District Court
for the Eastern District of New York
(Brooklyn Division);
ii. State of Texas v. John Lancey, No. 1405593 in
the 184th District Court of Harris County,
Texas;
iii. State of Texas v. Michael Renteria, No. 1445106
in the 182nd District Court, Harris County,
Texas;
iv. State of Texas v. Zachary Smith, No. 30503 in
the County Court at Law of Chambers County,
Texas;
v. United States v. Daniel Romero-Oseguera, No.
4:14-cr-00094-13 in the United States District
Court for the Southern District of Texas;
vi. State of Texas v. Courtney Anderson, No.
1971917 in the County Criminal Court at Law
No. 7, Harris County, Texas; and
c. During the relevant time period the undersigned
counsel has been working on numerous post-
conviction writ matters, some of which are:
i. Ex parte Javier Castro, No. 1966885 in the
County Criminal Court at Law No. 6, Harris
County, Texas;
ii. Ex parte Robert Hodson, No. 9419321-C in the
208th District Court of Harris County, Texas;
and
iii. Ex parte Jaime Vasquez, No. 720173 (original
case) in the 177th District Court of Harris
County, Texas.
Consequently, additional time was necessary to file
appellant’s brief in this matter.
WHEREFORE, Appellant prays that this Court will grant an
extension of time until February 12, 2015, in which to file her
appellate brief in this case. Appellant further prays that this
Court will accept her accompanying brief and order it filed.
Respectfully submitted,
/s/ Peyton Z. Peebles III
_______________________________________________________
PEYTON Z. PEEBLES III
CAPITAINE, SHELLIST, PEEBLES
& MCALISTER, L.L.P.
405 Main Street, Suite 200
Houston, TX. 77002
Tel: 713-715-4500
Fax: 713-715-4505
Email: Peebles@TexasLegalTeam.net
SBOT: 24013307
SPN: 01759419
Counsel for Appellant
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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the
foregoing motion was served upon the following party on
February 11, 2015, through the court’s e-file system:
Assistant District Attorney Alan Curry
Harris County District Attorney’s Office
1201 Franklin, Suite 600
Houston, Texas 77002
(Service through e-file to: curry_alan@dao.hctx.net)
/s/ Peyton Z. Peebles III
_______________________________________________________
PEYTON Z. PEEBLES III