ACCEPTED
01-15-00510-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/14/2015 12:44:26 PM
CHRISTOPHER PRINE
CLERK
IN THE
FIRST COURT OF APPEALS
OF TEXAS FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
KENDALL BELL § CASE NO. 10/14/2015
01-15-00510CR
12:44:26 PM
§ CHRISTOPHER A. PRINE
§ Clerk
VS. § On Appeal From Harris County
§ Cause No. 1394740
§ 263RD District Court
THE STATE OF TEXAS §
APPELLANT’S MOTION
TO EXTEND TIME TO FILE APPELLATE BRIEF
Appellant, Kendall Bell, moves for an extension of time to file appellate brief,
under TEX. R. APP. P. 10.5(b).
I. TRIAL COURT PROCEEDINGS
On May 13, 2015, a judge sentenced Mr. Bell to 20 years confinement in TDCJ-
Institutional Division, after entering a judgment adjudicating guilt. Mr. Bell had been
serving a 6-year term of deferred adjudication for aggravated robbery after being
certified from the 314th Juvenile District Court to stand trial as an adult. Defendant filed
notice of appeal on May 13, 2015.
II. PROCEEDINGS IN THIS COURT
The Appellant’s brief was due October 12, 2015. No previous extension has
been requested.
III.
Since the record was completed, counsel has filed a brief in Eric Samuel Tucker
v. State, Cause No. 01-15-00274-CR, and has been working to complete a brief in Mayer
v. State, Cause No. 14-14-01011-CR, which is subject to abatement. Counsel also has
researched and prepared a response to the state’s motion for the juvenile court to waive
jurisdiction after a reversal and remand on appeal in Guerrero v. State, Cause NO. 14-
13-00101-CR, for a hearing that ultimately was reset. Counsel also has five other briefs
and one petition for discretionary review this month, all of which are older than this
case.
IV.
In the exercise of due diligence, counsel was unable to complete Mr. Bell’s brief
by the deadline, and needs an additional 30 days to file it. This motion is not filed for
purposes of delay, but so that justice may be done.
PRAYER
Appellant respectfully requests that this motion be granted and that the Court
permit an extension of time until November 15, 2015 to file Appellant’s brief.
Respectfully submitted,
ALEXANDER BUNIN
Chief Public Defender
Harris County Texas
/s/ Cheri Duncan
______________________________
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CHERI DUNCAN
Assistant Public Defender
Harris County Texas
State Bar No. 06210500
1201 Franklin, 13th Floor
Houston Texas 77002
(713) 368-0016
(713) 368-9278 (Fax)
cheri.duncan@pdo.hctx.net
Attorney for Appellant,
KENDALL BELL
CERTIFICATE OF SERVICE
I certify that a copy of Appellant’s Motion to Extend Time to File Appellate
Brief was served electronically on the Appellate Division of the Harris County District
Attorney’s Office, 1201 Franklin St, 6th Floor, Houston, TX on October 14, 2015.
/s/ Cheri Duncan
____________________________________
CHERI DUNCAN
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