Scott Niles v. State

ACCEPTED 14-15-00498-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 10/6/2015 12:04:08 PM CHRISTOPHER PRINE CLERK NO. 14-15-00498-CR NO. 14-15-00499-CR IN THE COURT OF APPEALS FOR THE FOURTEENTH JUDICIAL DISTRICT14th COURT FILED IN OF APPEALS HOUSTON, TEXAS HOUSTON, TEXAS ___________________________________________ 10/6/2015 12:04:08 PM CHRISTOPHER A. PRINE Clerk SCOTT NILES V. STATE OF TEXAS __________________________________________ On Appeal from the Criminal Court at Law # 14 Harris County, Texas Trial Court No. 2018917/2018918 __________________________________________ NILES’ FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLATE BRIEF __________________________________________ Scott Niles, through Neal Davis, files this first motion for an extension of time to file his brief, showing specifically: 1. Appellant’s brief is due October 12, 2015. 2. Notice of appeal was filed on May 20, 2015. However, a timely motion for new trial was also filed. The state filed a response to this motion on July 20, 2015, and Niles responded on July 24, 2015. The trial court, after hearing arguments from both parties, denied the motion for new trial on July 27, 2015. 3. This Court received the complete record on September 10, 2015, when both the clerk’s and reporter’s record was filed. 4. Although this is a misdemeanor case the clerk’s record spans over 200 pages and the reporter’s record includes six volumes. Undersigned counsel has not had adequate time to review the record in this case. 4. In addition to several criminal docket settings virtually every day in the Harris County Criminal Justice Center, Undersigned has been working on and is currently working on the following cases: A. Undersigned counsel had been set for trial Monday, October 6, 2015, in Hays County in the case State v. Mandola. The case was recently rescheduled but counsel had been preparing for the approaching trial. B. Undersigned also had a sentencing hearing in State v. Charlie Wilson, in the 228th District Court, on September 28, 2015. This was a complex case and substantial preparation was required for the sentencing hearing. Niles respectfully requests a 60 day extension to file his appellate brief. Respectfully submitted, NEAL DAVIS LAW FIRM, PLLC ____/S/____________ Neal Davis Texas Bar No. 24001117 917 Franklin Street, Suite 600 Houston, Texas 77002 Telephone: (713) 227-4444 Facsimile: (800) 760-7140 LAWYER FOR APPELLANT 2 CERTIFICATE OF SERVICE I certify that a copy of Niles’ FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLATE BRIEF has been delivered via the e-file system to Harris County Assistant District Attorney Alan Curry on October 6, 2015. /s/ Neal Davis 3 NO. 14-15-00498-CR NO. 14-15-00499-CR IN THE COURT OF APPEALS FOR THE FOURTEENTH JUDICIAL DISTRICT HOUSTON, TEXAS ___________________________________________ SCOTT NILES V. STATE OF TEXAS __________________________________________ On Appeal from the Criminal Court at Law # 14 Harris County, Texas Trial Court No. 2018917/2018918 __________________________________________ ORDER __________________________________________ Upon considering Niles’ FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLATE BRIEF — It is ordered GRANTED. Appellant’s brief is due on . Signed _________ , 2015. JUDGE PRESIDING 4