Demetrus Tremaine Horton v. State

ACCEPTED 01-14-00993-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 5/21/2015 3:09:37 PM CHRISTOPHER PRINE CLERK No. 01-14-00993-CR In the Court of Appeals FILED IN 1st COURT OF APPEALS For the HOUSTON, TEXAS First District of Texas 5/21/2015 3:09:37 PM At Houston CHRISTOPHER A. PRINE  Clerk No. 1387050 In the 178th District Court Of Harris County, Texas  DEMETRUS HORTON 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 possession of a controlled substance between one and four grams, enhanced with two prior felony convictions. (C.R. at 12) Appellant was convicted by a jury and was sentenced by agreement between himself and the State to twenty-five years in the Texas Department of Criminal Justice, Institutional Division. (C.R. at 115-116; 3 R.R. at 116) Appellant timely filed notice of appeal and the trial court certified his right of appeal. (C.R. at 119-21) The State’s Reply Brief was due on May 21, 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: May 8, 2015. b. Additionally, the undersigned attorney has been involved in completing the following written appellate projects during the time the undersigned attorney was assigned State’s reply brief in this case: (1) Ricardo Pena v. State of Texas No. 01-14-00803-CR No. 01-14-00804-CR Brief Due: June 17, 2015 (2) James Guzman v. State of Texas No. 01-15-00149-CR No. 01-15-00150-CR No. 01-15-00151-CR Brief Due: June 16, 2015 Response Filed: April 24, 2015 (3) Sammie Davis v. State of Texas No. 14-14-00778-CR Brief Due: June 5, 2015 (4) Mark Mahlow v. State of Texas No. 01-14-00753-CR Brief Due: June 10, 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 Moran Attorney for Appellant tom6294@aol.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: May 21, 2015