ACCEPTED
01-14-00628-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/5/2015 2:30:23 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00628-CR
In the
Court of Appeals FILED IN
1st COURT OF APPEALS
For the HOUSTON, TEXAS
First District of Texas 3/5/2015 2:30:23 PM
At Houston CHRISTOPHER A. PRINE
♦ Clerk
No. 1919049
In the County Criminal Court at Law No. 14
Of Harris County, Texas
♦
MANUEL NAVA, JR.
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. The State charged appellant with one count of driving while
intoxicated. (1 RR at 6) The trial court denied appellant’s motion to
suppress evidence and appellant subsequently pled guilty to the court. (1
RR at 4-5; CR – 67-68) Appellant was sentenced to one year Harris
County Jail, probated for eighteen months. (CR – 69-70) Appellant filed
a timely notice of appeal and the trial court certified that he had the right
to appeal. (CR – 76-78) The State’s brief was due on March 5, 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 not assigned this brief until
February 16, 2015.
b. The undersigned attorney was involved in completing the
following written appellate projects during the time the
undersigned attorney was attempting to complete State’s reply
brief in this case:
(1) Gary Martins v. State of Texas
No. 14-14-00688-CR
Brief Due: March 4, 2015
(2) Brandon Morgan v. State of Texas
No. 14-14-00607-CR
Brief Due: March 4, 2015
(3) Mark Soliz v. State of Texas
No. 14-14-00498-CR
Brief Due: March 13, 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
efile.txcourts.gov to:
Maverick Ray
1419 Franklin St, 2nd Floor
Houston, Texas 77002
maverickraylaw@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: March 5, 2015
Manuel Nava, Jr. v. State
Combined Opinion