Ruben Maldonado v. State

ACCEPTED 01-15-00635-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 12/21/2015 4:14:11 PM CHRISTOPHER PRINE CLERK COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS FILED IN THE STATE OF TEXAS, ) 1st COURT OF APPEALS HOUSTON, TEXAS ) 12/21/2015 4:14:11 PM Plaintiff-Appellee, ) CHRISTOPHER A. PRINE ) CAUSE NO. Clerk v ) 01-15-00635-CR ) RUBEN MALDONADO, ) ) Defendant-Appellant. ) ) THIRD MOTION FOR EXTENSION OF TIME TO FILE BRIEF IN CONTEMPLATION OF DISMISSAL Appellant, Ruben Maldonado, hereby moves this Court to extend the time in which to file his opening brief in this case to January 23, 2016. In support of this motion, Mr. Maldonado sets forth the following facts and circumstances: 1. Mr. Maldonado’s opening appellate brief is currently due in this case on December 23, 2015. Two previous extensions have been requested and granted. 2. Counsel has concluded his review of the full record in this case and was unable to locate any meritorious issues on which to base an appeal. At this point, Mr. Maldonado could dismiss the appeal, proceed pro se or have counsel prepare an Anders brief. 3. It is anticipated based on counsel’s communications with Mr. Maldonado’s relatives that Mr. Maldonado will dismiss the appeal, however, counsel has still not received Mr. Maldonado’s consent for the dismissal. 4. Counsel requests more time so Mr. Maldonado can determine how he would like to proceed. It appears, however, that it is likely that this appeal will be dismissed. WHERE FORE, Appellant, Ruben Maldonado, respectfully requests this Court to extend the time by which to file his opening brief in this case to December 23, 2015. Respectfully submitted, /s/ F. Clinton Broden F. Clinton Broden Tx. Bar 24001495 Broden, Mickelsen, Helms & Snipes, LLP 2600 State Street Dallas, Texas 75204 214-720-9552 214-720-9594 (facsimile) Attorney for Defendant Ruben Maldonado 2 CERTIFICATE OF SERVICE I, F. Clinton Broden, certify that on December 21, 2015, I caused a copy of the above document to be mailed by first class mail, postage prepaid, on the Harris County District Attorney’s Office, 1201 Franklin Street, Suite 600, Houston, Texas 77002-1923. /s/ F. Clinton Broden F. Clinton Broden 3