ACCEPTED
01-14-00753-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/11/2015 3:05:26 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00753-CR
In the
Court of Appeals FILED IN
1st COURT OF APPEALS
For the HOUSTON, TEXAS
First District of Texas 5/11/2015 3:05:26 PM
At Houston CHRISTOPHER A. PRINE
Clerk
No. 1931546
In the County Criminal Court at Law No. 4
Of Harris County, Texas
MARK MAHLOW
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 by information with driving while
intoxicated. (C.R. at 6) Appellant was found guilty by a jury and was
sentenced by the trial court to 180 days in the Harris County Jail and a
$750.00 fine, probated for one year. (C.R. at 57-58; 5 R.R. at 4)
Appellant timely filed notice of appeal and the trial court certified he had
the right to appeal. (C.R. at 63-65) Appellant moved for a new trial and
appellant’s request was denied by the trial court. (C.R. at 72-98; Motion
for New Trial R.R. at 34) The State’s brief was due on May 11, 2015.
This Court has previously granted one prior motion for extension of time
for the State to file a reply brief on April 10, 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. Appellant raises multiple issues and points of error that require
additional time to process in order for the State to adequately
respond.
b. The undersigned attorney was involved in the following written
appellate projects during the time the undersigned attorney was
assigned State’s reply brief in this case:
(1) Gary Martins v. State of Texas
No. 14-14-00688-CR
Brief Due: May 4, 2015
Brief Submitted: April 17, 2015
(2) James Guzman v. State of Texas
No. 01-15-00149-CR
No. 01-15-00150-CR
No. 01-15-00151-CR
Brief Due: May 18, 2015
Response Filed: April 24, 2015
(3) Manuel Nava v. State of Texas
No. 01-14-00628-CR
Brief Due: May 6, 2015
Brief Submitted: May 6, 2015
(4) Demetrus Horton v. State of Texas
No. 01-14-00993-CR
Brief Due: May 21, 2015
(5) Sammie Davis v. State of Texas
No. 14-14-00778-CR
Brief Due: June 5, 2015
(6) Ricardo Pena v. State of Texas
No. 01-14-803-CR
No. 01-14-804-CR
Brief Due: May 18, 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 e-
filing to:
Richard Oliver
Attorney for Appellant
rickoliverlaw@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: May 11, 2015