Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/18/2015 3:25:12 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00804-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 5/18/2015 3:25:12 PM CHRISTOPHER PRINE CLERK Nos. 01-14-00803-CR, 01-14-00804-CR
In the
Court of Appeals For the
First District of Texas At Houston
Nos. 1392873, 1392874 In the 178 th District Court Of Harris County, Texas RICARDO PENA 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 indictment with two offenses of
aggravated sexual assault of a child under fourteen years of age (C.R. I at
12; C.R. II at 12). [1] Appellant pled guilty to both offenses on March 24,
2014, and a pre-sentence investigation hearing was held on August 8,
2014. (C.R. I at 26-34; 2 R.R. at 5-6 ; see C.R. II at 27, 34-35, 45) *2 Appellant was found guilty by the trial court and sentenced to twenty
years in both cases, to run concurrently, in the Texas Department of
Criminal Justice, Institutional Division. (C.R. I at 45-46; C.R. II at 34-
35; 3 R.R. at 4) Appellant timely filed notice of his intent to appeal and
the trial court certified his right to appeal. (C.R. I at 48-50; C.R. II at 37-
39) Appellant timely filed a motion for new trial alleging ineffective
assistance of counsel, which was denied after a hearing was conducted.
(C.R. I at 54-58; C.R. II at 43-47; 4 R.R. at 38) The State’s brief was due
on May 18, 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 involved in the following written
appellate projects during the time the undersigned attorney was
assigned State’s reply brief in this case:
(1) James Guzman v. State of Texas
No. 01-15-00149-CR
No. 01-15-00150-CR
No. 01-15-00151-CR
Brief Due: May 18, 2015
Response Filed: April 24, 2015
(2) Manuel Nava v. State of Texas
No. 01-14-00628-CR
Brief Due: May 6, 2015
Brief Submitted: May 6, 2015
(3) Demetrus Horton v. State of Texas
No. 01-14-00993-CR
Brief Due: May 21, 2015
(4) Sammie Davis v. State of Texas
No. 14-14-00778-CR
Brief Due: June 5, 2015
(5) 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 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 e-
filing to:
Mark Rubal
Attorney for Appellant
mrubal@ws-law.com
/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: May 18, 2015
[1] C.R. I refers to the Clerk’s Record for cause number 1392873 (No. 01-14-00803-CR); C.R. II refers to the Clerk’s Record for cause number 1392874 (No. 01-14-00804-CR).