Manuel Nava, Jr. v. State

ACCEPTED 01-14-00628-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 3/5/2015 2:30:23 PM CHRISTOPHER PRINE CLERK No. 01-14-00628-CR In the Court of Appeals FILED IN 1st COURT OF APPEALS For the HOUSTON, TEXAS First District of Texas 3/5/2015 2:30:23 PM At Houston CHRISTOPHER A. PRINE ♦ Clerk No. 1919049 In the County Criminal Court at Law No. 14 Of Harris County, Texas ♦ MANUEL NAVA, 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. The State charged appellant with one count of driving while intoxicated. (1 RR at 6) The trial court denied appellant’s motion to suppress evidence and appellant subsequently pled guilty to the court. (1 RR at 4-5; CR – 67-68) Appellant was sentenced to one year Harris County Jail, probated for eighteen months. (CR – 69-70) Appellant filed a timely notice of appeal and the trial court certified that he had the right to appeal. (CR – 76-78) The State’s brief was due on March 5, 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 February 16, 2015. b. The undersigned attorney was involved in completing the following written appellate projects during the time the undersigned attorney was attempting to complete State’s reply brief in this case: (1) Gary Martins v. State of Texas No. 14-14-00688-CR Brief Due: March 4, 2015 (2) Brandon Morgan v. State of Texas No. 14-14-00607-CR Brief Due: March 4, 2015 (3) Mark Soliz v. State of Texas No. 14-14-00498-CR Brief Due: March 13, 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 efile.txcourts.gov to: Maverick Ray 1419 Franklin St, 2nd Floor Houston, Texas 77002 maverickraylaw@gmail.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: March 5, 2015