ACCEPTED
01-14-00848-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/5/2015 3:22:32 PM
CHRISTOPHER PRINE
CLERK
IN THE
FIRST COURT OF APPEALS
OF TEXAS FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
NOMATHEMBA SITAWISHA § CASE NO. 2/5/2015
01-14-00848-CR
3:22:32 PM
§ CHRISTOPHER A. PRINE
§ Clerk
VS. § On Appeal From Harris County
§ Cause No. 1870305
§ County Court at Law #4
THE STATE OF TEXAS §
APPELLANT’S MOTION
TO EXTEND TIME TO FILE APPELLATE BRIEF
Appellant, Nomathemba Sitawisha, moves for an extension of time to file her
appellate brief, under TEX. R. APP. P. 10.5(b).
I. TRIAL COURT PROCEEDINGS
On October 1, 2014, a judge sentenced Ms. Sitawisha to 105 days county jail
after a jury found her guilty of driving while intoxicated. Defendant filed notice of
appeal on October 1, 2014.
II. PROCEEDINGS IN THIS COURT
The Appellant’s brief was due yesterday, February 4, 2015. Counsel was sick
and unable to work yesterday, so is filing this motion on February 5, 2015. No
previous extensions have been requested.
III.
Since the record was completed, counsel has missed several days of work due
to recurrent episodes of the flu. Counsel also has been working to complete briefs in
Reginald Hill v. State, Cause No. 14-14-00376-CR, which is subject to abatement if not
filed on February 20, 2015; in In re: M.I.S., Cause No. 01-14-00684-CV, which has
been pending longer than Ms. Sitawisha’s case; and to complete petitions for
discretionary review in Charles Henry Jones v. State, Cause No. 01-13-00984-CR, a
murder case; and Michael Jermaine Williams v. State, Cause No. PD-0096-15, a complex
Fourth Amendment case.
IV.
In the exercise of due diligence, counsel was unable to complete Ms.
Sitawisha’s brief by the deadline, and needs an additional 30 days to file it, due to the
number of upcoming deadlines in older cases. 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 March 7, 2015 to file Appellant’s brief.
Respectfully submitted,
ALEXANDER BUNIN
Chief Public Defender
Harris County Texas
/s/ Cheri Duncan
______________________________
CHERI DUNCAN
Assistant Public Defender
2
Harris County Texas
SBN 06210500
1201 Franklin, 13th Floor
Houston Texas 77002
(713) 368-0016
(713) 368-9278 (Fax)
cheri.duncan@pdo.hctx.net
Attorney for Appellant,
NOMATHEMBA SITAWISHA
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 February 5, 2015.
/s/ Cheri Duncan
____________________________________
CHERI DUNCAN
3
Nomathemba Y. Sitawisha v. State
Combined Opinion