Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/17/2015 12:38:05 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00149-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 4/17/2015 12:38:05 PM CHRISTOPHER PRINE CLERK No. 01-15-00149-CR In the
Court of Appeals For the
First District of Texas At Houston
No. 1974171
In the County Criminal Court at Law No. 4
Of Harris County, Texas JAMES GUZMAN 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 T EX . R. A PP . 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 by information with assault, enhanced
with a prior conviction for felony assault-family member. (C.R. at 7)
Appellant pled guilty pursuant to a plea bargain agreement reached
between himself and the State. (C.R. at 10-11) Appellant was sentenced
to 120 days in the Harris County Jail with credit for eight days served.
(C.R. at 16) Appellant timely filed notice of appeal, however the trial
court did not certify his right to appeal. (C.R. at 19; see C.R. at 23) The
State’s brief was due on April 17, 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
April 10, 2015.
b. Appellant’s appeal in this case is joined by appeals in two
additional cases: Nos. 01-15-00150-CR and 01-15-00151-CR.
These briefs were not assigned to the undersigned attorney until
April 10, 2015.
c. The undersigned attorney was involved in the following written
appellate projects during the time the undersigned attorney was
assigned State’s reply brief in this case:
(1) Gary Martins v. State of Texas
No. 14-14-00688-CR
Brief Due: May 4, 2015
Brief Submitted: April 17, 2015
(2) Manuel Nava v. State of Texas
No. 01-14-00628-CR
Brief Due: May 6, 2015
(3) Sammie Davis v. State of Texas
No. 14-14-00778-CR
Brief Due: May 6, 2015
(4) Mark Mahlow v. State of Texas
No. 01-14-00753-CR
Brief Due: May 11, 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 P ATRICIA M C L EAN 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 *4 CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument will be served by mail
to:
James E. Guzman, pro se
TDC# 01023457; SPN 01125709
Texas Department of Criminal Justice
P.O. Box 99
Huntsville, TX 77342-0099
/s/ Patricia McLean P ATRICIA M C L EAN 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: April 17, 2015