Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 8/20/2015 7:13:31 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00312-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 8/20/2015 7:13:31 AM CHRISTOPHER PRINE CLERK No. 01-15-00312-CR In the Court of Appeals for the First District of Texas at Houston No. 1421605 In the 176 th District Court Harris County, Texas HARVEY SMITH Appellant V.
THE STATE OF TEXAS
Appellee APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME
WITHIN WHICH TO FILE APPELLATE BRIEF
TO THE HONORABLE COURT OF APPEALS:
APPELLANT, pursuant to T EX . R. A PP . P. 10.1, 10.5(b) and 38.6(d), moves for an
extension of time within which to file its appellate brief. In support of its motion, appellant
submits the following: Appellant was charged with aggravated robbery. A jury convicted appellant of the charged offense and sentenced him to 28
years confinement in the Institutional Division of the Texas Department of
Criminal Justice on March 23, 2015. Notice of appeal was filed on March 23, 2015.
4. Appellant’s brief was due on August 13, 2015. Appellant seeks an extension to file his brief until November 13, 2015. The following facts are relied upon to show good cause for the requested
extension:
a. Counsel filed a petition for discretionary review in Miranda v. State ,
No. PD-0827-15, and Hayes v. State, No. PD-0885-15 and No. PD-
0886-15.
b. Counsel has filed a writ of certiorari in the United States Supreme
Court in Masterson v. Stephens.
c. Counsel has filed a writ of habeas corpus in Ex parte Williams ,
1371668A. Appellant’s motion is not for purposes of delay, but so that justice may be
done.
WHEREFORE, the State prays that this Court will grant the requested extension.
Respectfully submitted, /s/M
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument has been delivered via
electronic mail to the following address:
Harris County District Attorney’s Office
ATTN: Alan Curry
curry_alan@dao.hctx.net
/s/M