ACCEPTED
14-15-00338-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
9/9/2015 4:54:06 PM
CHRISTOPHER PRINE
CLERK
No. 14-15-00338-CR
In the
Court of Appeals FILED IN
14th COURT OF APPEALS
For the HOUSTON, TEXAS
Fourteenth District of Texas 9/9/2015 4:54:06 PM
At Houston CHRISTOPHER A. PRINE
Clerk
No. 883239-A
In the 185th District Court
Of Harris County, Texas
EX PARTE
BRIAN F. ROBERTS
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 the felony offense of possession of
marijuana. (C.R. at 23) Appellant entered into a plea bargain agreement and
was sentenced to three years in the Texas Department of Criminal Justice,
Institutional Division, probated for three years. (C.R. at 21) Appellant was
discharged from probation in 2004. (See C.R. at 31) Appellant filed an Article
11.072 Writ of Habeas Corpus Application that was denied by the trial court on
March 23, 2015. (C.R. at 4-50) Appellant filed notice of appeal on March 31,
2015, and the trial court certified appellant’s right of appeal. (C.R. at 51-53)
2. The State’s Reply Brief was due on September 9, 2015. This Court has
previously granted one extension of time to file the State’s Reply Brief on
August 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. The undersigned attorney was assigned this brief on August 4,
2015.
b. The undersigned attorney has been involved in the following
written appellate projects during the time the undersigned attorney
was assigned State’s reply brief in this case:
(1) Oliver Cruise v. State of Texas
No. 01-14-00833-CR
Brief Due: August 11, 2015
Brief Submitted: August 7, 2015
(2) Todd Mitchell v. State of Texas
No. 01-15-00249-CR
Brief Due: September 30, 2015
Brief Submitted: September 8, 2015
(3) Brady Koch v. State of Texas
No. 01-14-00248-CR
Brief Due: September 25, 2015
(4) Marcus Brooks v. State of Texas
No. 14-14-00568-CR
Brief Due: October 5, 2015
(5) Jason Conway v. State of Texas
No. 01-14-00659-CR
Brief Due: August 19, 2015
Brief Submitted: August 19, 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:
Tom Abbate
Attorney for Appellant
tom@tomabbatelaw.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: September 9, 2015