ACCEPTED
01-15-00399-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/2/2015 10:52:13 AM
CHRISTOPHER PRINE
CLERK
No. 01-15-00399-CR
In the FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
Court of Appeals 11/2/2015 10:52:13 AM
CHRISTOPHER A. PRINE
Clerk
For the
First District of Texas
At Houston
_________________________________________________________
Trial Court Cause No. 1391752
In the 339th District Court
of Harris County, Texas
_________________________________________________________
DENE RAY McCARTER,
Appellant
v.
THE STATE OF TEXAS,
Appellee
___________________________________________________________
2ND MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF
__________________________________________________________
VIVIAN R. KING
State Bar No. 00784399
2202 Alabama St.
Houston, Texas 77004
(713) 222-2019 Office
(877) 753-6706 eFax
Appointed Attorney for Appellant
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TO THE HONORABLE COURT OF APPEALS:
NOW COMES DENE RAY McCARTER, the Appellant herein, and moves
the Court for an extension of time to file Appellant's Brief in this cause, pursuant to
TEX. R. APP. PROC. Rules 10.5 (b)(2) and 38.6(n), and in support thereof
would show the Court as follows:
I.
The Appellant in this cause was convicted by a jury of Murder in the 339th
District Court of Harris County, Texas in cause number 1391752 and Appellant
was sentenced to 52 years in Prison in the Texas Department of Corrections,
Institutional Division. Notice of Appeal was properly filed on December 04, 2014.
II.
The Clerk’s record was properly filed on June 15, 2015.
The Reporter’s record was filed on July 09, 2015.
The Exhibits were filed on July 15, 2015.
This is a voluminous record. The case is complicated.
III.
One previous extension has been granted.
Appellant’s attorney is requesting an extension to November 06, 2015 to file
Appellant’s Brief.
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IV.
Appellant’s attorney is requesting this extension of time to file Appellant’s
Brief due to weekly trial settings and other cases requiring research and court
appearances, and, specifically a 25 to Life case set on Monday, November 02, 2015
in the 179th District Court (Casue #1450399).
This motion is not made for delay, but instead, to ensure effective assistance
of counsel.
WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on
behalf of Appellant, respectfully prays that this Honorable Court grant this
extension to November 06, 2015.
RESPECTFULLY SUBMITTED,
/s/ Vivian R. King
VIVIAN R. KING
Texas Bar No. 00784399
2202 Alabama St.
Houston, Texas 77004
(713) 222-2019 office
(877) 753-6706 e Fax
VivianRKing@msn.com Email
CERTIFICATE OF SERVICE
As Attorney of Record for Appellant, I do hereby certify that a true and correct
copy of the above and foregoing document was emailed to Appellate Division and
efiled with the office of the Honorable Devon Anderson, Harris County District
Attorney, on November 02, 2015.
/s/ Vivian R. King
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