ACCEPTED
01-15-00399-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
8/31/2015 12:13:31 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00399-CR
In the FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
Court of Appeals 8/31/2015 12:13:31 PM
CHRISTOPHER A. PRINE
Clerk
For the
First District of Texas
At Houston
_________________________________________________________
Trial Court Cause No. 1391752
In the 339th District Court
of Harris County, Texas
_________________________________________________________
DENE RAY McCARTER,
Appellant
v.
THE STATE OF TEXAS,
Appellee
___________________________________________________________
MOTION FOR EXTENSION OF TIME TO FILE
__________________________________________________________
VIVIAN R. KING
State Bar No. 00784399
2202 Alabama St.
Houston, Texas 77004
(713) 222-2019 Office
(877) 753-6706 eFax
Appointed Attorney for Appellant
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TO THE HONORABLE COURT OF APPEALS:
NOW COMES DENE RAY McCARTER, the Appellant herein, and moves
the Court for an extension of time to file Appellant's Brief in this cause, pursuant to
TEX. R. APP. PROC. Rules 10.5 (b)(2) and 38.6(n), and in support thereof would
show the Court as follows:
I.
The Appellant in this cause was convicted by a jury of Murder in the 339th
District Court of Harris County, Texas in cause number 1391752 and Appellant was
sentenced to 52 years in Prison in the Texas Department of Corrections, Institutional
Division. Notice of Appeal was properly filed on December 04, 2014.
II.
The Clerk’s record was properly filed on June 15, 2015.
The Reporter’s record was filed on July 09, 2015.
The Exhibits were filed on July 15, 2015.
Appellant’s brief was due on August 10, 2015.
This is a voluminous record. The case is complicated.
III.
No previous extensions have been filed.
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Appellant’s attorney is requesting a 60-day extension of time to file
Appellant’s Brief to October 10, 2015.
IV.
Appellant’s attorney is requesting this extension of time to file Appellant’s
Brief due to multiple trial settings that are demanding an enormous amount of
preparation time.
This motion is not made for delay, but instead, to ensure effective assistance
of counsel.
WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on
behalf of Appellant, respectfully prays that this Honorable Court grant this extension
to October 10, 2015.
RESPECTFULLY SUBMITTED,
/s/ Vivian R. King
VIVIAN R. KING
Texas Bar No. 00784399
2202 Alabama St.
Houston, Texas 77004
(713) 222-2019 office
(877) 753-6706 e Fax
VivianRKing@msn.com Email
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CERTIFICATE OF SERVICE
As Attorney of Record for Appellant, I do hereby certify that a true and correct
copy of the above and foregoing document was emailed to Appellate Division and
efiled with the office of the Honorable Devon Anderson, Harris County District
Attorney, on August 31, 2015.
/s/ Vivian R. King
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