ACCEPTED
01-15-00397-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/12/2015 4:55:22 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00397-CR
In the
Court of Appeals FILED IN
1st COURT OF APPEALS
For the HOUSTON, TEXAS
First District of Texas 10/12/2015 4:55:22 PM
At Houston CHRISTOPHER A. PRINE
Clerk
No. 1434115
In the 179th District Court
Of Harris County, Texas
AUGUSTUS MITCHELL
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. Appellant was charged by indictment with felon in possession of a firearm,
enhanced with one prior felony conviction. (C.R. at 10) Appellant was found
guilty by a jury and was sentenced to twelve years in the Texas Department of
Criminal Justice, Institutional Division. (C.R. at 75-76) Appellant timely filed
notice of his intent to appeal and the trial court certified his right of appeal.
(C.R. at 78-80)
2. The State’s Appellate Brief was due on October 12, 2015. The State has not
previously requested an extension of time to file a reply brief in this case. 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 assigned this brief on
September 15, 2015.
b. The undersigned attorney has been involved in the
following written appellate projects during the time
the undersigned attorney was assigned State’s
appellate brief in this case:
1) Ex parte Brian Roberts
No. 14-15-00338-CR
Brief Submitted: September 25, 2015
2) Brady Koch v. State of Texas
No. 01-14-00248-CR
Brief Due: October 26, 2015
3) Juan Barrera-Magana v. State of Texas
No. 01-14-00982-CR
Brief Due: October 14, 2015
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:
Joseph Varela
Attorney for Appellant
jwvarela@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: October 12, 2015