Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/31/2015 3:06:28 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00848-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 7/31/2015 3:06:28 PM CHRISTOPHER PRINE CLERK IN THE

FIRST COURT OF APPEALS

OF TEXAS

NOMATHEMBA SITAWISHA § CASE NO. 01-14-00848-CR

§

§

VS. § On Appeal From Harris County

§ Cause No. 1870305 § County Court at Law #4 THE STATE OF TEXAS §

APPELLANT’S MOTION

TO EXTEND TIME TO FILE APPELLATE BRIEF

Appellant, Nomathemba Sitawisha, files this motion to extend time under T EX .

R. A PP . P. 10.5(b), having filed Appellant’s brief earlier today,

I. TRIAL COURT PROCEEDINGS

On October 1, 2014, a judge sentenced Ms. Sitawisha to 105 days county jail after

a jury found her guilty of driving while intoxicated with a blood alcohol concentration

level greater than .15. Notice of appeal was filed on October 1, 2014.

II. PROCEEDINGS IN THIS COURT

The Appellant’s brief was due on April 10, 2015. Two previous extensions have

been granted; one was denied on June 23, 2015, with an order to file the brief within 20

days. Counsel worked diligently to complete the brief in compliance with the court’s

order, but was unable to do so.

III.

Since the court’s order, counsel has filed a brief in Christopher Rashad Frazier v.

State , Cause No. 14-15-00118-CR. Counsel also has researched and argued a motion to

dismiss for lack of subject-matter jurisdiction in a murder case, State v. Alvin Riggins ,

Cause No. 1395747, and has been providing lawyer assistance and preparing lawyer

education materials for cases that involve the same issue. The motion in Riggins was

based on last year’s Moon and Guerrero opinions, which reversed adult convictions

because the defendants were improperly transferred to adult court from juvenile court.

Counsel represented Mr. Guerrero in his appeal, and now represents him on remand in

the juvenile court.

Counsel also has been working to complete two habeas writs that concern the

same jurisdiction issue raised in Riggins , Moon and Guerrero . Further, counsel is working

to complete briefs in Margaret Mayer v. State , Cause No. 14-14-01011-CR, and Herman

Whitfield v. State , Cause No. 01-15-00316-CR.

IV.

In the exercise of due diligence, counsel was unable to complete Ms. Sitawisha’s

brief within 20 days of the court’s order. It was filed this morning, however. This

motion is not filed for purposes of delay, but so that justice may be done.

PRAYER

Appellant respectfully requests that this motion be granted and that the Court

permit an extension of time until today, July 31, 2015, for filing Appellant’s brief.

Respectfully submitted, ALEXANDER BUNIN Chief Public Defender Harris County Texas /s/ Cheri Duncan ______________________________ CHERI DUNCAN Assistant Public Defender Harris County Texas State Bar No. 06210500 1201 Franklin, 13 th Floor Houston Texas 77002 (713) 368-0016 (713) 368-9278 (Fax) cheri.duncan@pdo.hctx.net Attorney for Appellant, NOMATHEMBA SITAWISHA CERTIFICATE OF SERVICE

*4 I certify that a copy of Appellant’s Motion to Extend Time to File Appellate

Brief was served electronically on the Appellate Division of the Harris County District

Attorney’s Office, on July 31, 2015.

/s/ Cheri Duncan

____________________________________

CHERI DUNCAN