ACCEPTED
01-15-00312-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
8/20/2015 7:13:31 AM
CHRISTOPHER PRINE
CLERK
No. 01-15-00312-CR
In the FILED IN
Court of Appeals 1st COURT OF APPEALS
HOUSTON, TEXAS
for the
8/20/2015 7:13:31 AM
First District of Texas
at Houston CHRISTOPHER A. PRINE
Clerk
No. 1421605
In the 176th District Court
Harris County, Texas
HARVEY SMITH
Appellant
V.
THE STATE OF TEXAS
Appellee
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME
WITHIN WHICH TO FILE APPELLATE BRIEF
TO THE HONORABLE COURT OF APPEALS:
APPELLANT, pursuant to TEX. R. APP. P. 10.1, 10.5(b) and 38.6(d), moves for an
extension of time within which to file its appellate brief. In support of its motion, appellant
submits the following:
1. Appellant was charged with aggravated robbery.
2. A jury convicted appellant of the charged offense and sentenced him to 28
years confinement in the Institutional Division of the Texas Department of
Criminal Justice on March 23, 2015.
3. Notice of appeal was filed on March 23, 2015.
4. Appellant’s brief was due on August 13, 2015.
5. Appellant seeks an extension to file his brief until November 13, 2015.
6. The following facts are relied upon to show good cause for the requested
extension:
a. Counsel filed a petition for discretionary review in Miranda v. State,
No. PD-0827-15, and Hayes v. State, No. PD-0885-15 and No. PD-
0886-15.
b. Counsel has filed a writ of certiorari in the United States Supreme
Court in Masterson v. Stephens.
c. Counsel has filed a writ of habeas corpus in Ex parte Williams,
1371668A.
7. Appellant’s motion is not for purposes of delay, but so that justice may be
done.
WHEREFORE, the State prays that this Court will grant the requested extension.
Respectfully submitted,
/s/MANDY MILLER
Attorney for appellant
2910 Commercial Center Blvd., Ste. 103-201
Katy, TX 77494
SBN 24055561
PHONE (832) 900-9884
FAX (877) 904-6846
mandy@mandymillerlegal.com
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CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument has been delivered via
electronic mail to the following address:
Harris County District Attorney’s Office
ATTN: Alan Curry
curry_alan@dao.hctx.net
/s/MANDY MILLER
Attorney for appellant
2910 Commercial Center Blvd., Ste. 103-201
Katy, TX 77494
SBN 24055561
PHONE (832) 900-9884
FAX (877) 904-6846
mandy@mandymillerlegal.com
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