Alexander Nathaniel Brenes v. State

Opinion

ACCEPTED 06-15-00108-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 9/14/2015 5:16:25 PM DEBBIE AUTREY CLERK

SIXTH COURT OF APPEALS FILED IN 06-15-00108-CR 6th COURT OF APPEALS TEXARKANA, TEXAS 9/15/2015 10:16:00 AM DEBBIE AUTREY Alexander Nathaniel Brenes, Appellant Clerk

v. State of Texas, Appellee

On Appeal from the 6th Judicial District Court Lamar County, Texas Cause Number 23814

Motion to Extend Time to File Appellant’s Brief

Michael Mowla 445 E. FM 1382 No. 3-718 Cedar Hill, Texas 75104 Phone: 972-795-2401 Fax: 972-692-6636 michael@mowlalaw.com Texas Bar No. 24048680 Attorney for Appellant To the Honorable Justices of the Court of Appeals:

Appellant Alexander Nathaniel Brenes moves for an extension of time of 30

days to file the Appellant’s Brief [See Tex. Rule App. Proc. 10.5(b) and 38.6(c)]:

1. This case is on appeal from the 6th Court of Appeals of Lamar County,

Texas.

2. The case below is styled the State of Texas v. Alexander Nathaniel

Brenes, and is numbered 23814.

3. On June 19, 2015, sentence was imposed in open court.

4. Appellant was convicted of Possession of a Controlled Substance with

Intent to Deliver.

5. Appellant is presently incarcerated.

6. The reporter’s record was filed on August 31, 2015.

7. The supplemental clerk’s record was filed on September 11, 2015.

8. The Appellant’s Brief is due on September 30, 2015.

9. Appellant requests an extension of time of 30 days from the present

due date to file the Appellant’s Brief, i.e., until October 30, 2015.

10. No previous extension to file the Appellant’s Brief has been filed.

11. Appellant relies on the following facts as good cause for the requested

extension: Attorney for Appellant just completed a brief in Munoz v. State, 05-15-

00158-CR, in the Fifth Court of Appeals.

2 12. Further, Attorney for Appellant has the following briefs, petitions for

discretionary review, or other pleadings due soon:

 United States v. Boutte, 4:15-cv-00575-RAS, Brief in support of motion under 28 U.S.C. § 2255, motion filed August 20, 2015, and brief scheduled to be filed on or before September 20, 2015.

 State v. Welborn, PD-1058-15, petition for discretionary review due in Court of Criminal Appeals, September 30, 2015.

 Gresham v. Fischer, 15-50642, appellant’s brief due in the 5th Circuit, October 6, 2015.

 Von Tungeln v. State, PD-1016-15, petition for discretionary review due in Court of Criminal Appeals, October 8, 2015.

 Estrada v. Healey, 15-20475, appellant’s brief due in the 5th Circuit, October 13, 2015.

13. In addition, Mowla has been working on two complex death penalty

habeas cases - Ex parte Thomas, F86-85539, in the 194th Judicial District Court,

and Green v. Director, 3:15-cv-02197-M-BH, in the Northern District of Texas.

14. Finally, Attorney for Appellant continues work on several habeas

cases involving the underlying issue in Miller v. Alabama, 132 S.Ct. 2455 (2012).

15. Attorney for Appellant has a responsibility to provide Appellant with

the effective assistance of appellate counsel, see Evitts v. Lucey, 469 U.S. 387, 392

(1985), and Attorney for Appellant believes that that the additional time is

necessary to provide such effective appellate counsel.

16. Attorney for Appellant thus requests the extension so that he may

3 properly prepare the Appellant’s Brief.

17. This Motion is not filed for purposes of delay, but so that justice may

be served.

Prayer

Appellant prays that this motion for extension of time to file the Appellant’s

Brief be granted.

Respectfully submitted,

Michael Mowla 445 E. FM 1382 No. 3-718 Cedar Hill, Texas 75104 Phone: 972-795-2401 Fax: 972-692-6636 Email: michael@mowlalaw.com Texas Bar No. 24048680 Attorney for Appellant

/s/ Michael Mowla Michael Mowla

Certificate of Service

This certifies that on September 14, 2015, a true and correct copy of this document was served on Gary Young of the District Attorney’s Office, Lamar County, by email to gyoung@co.lamar.tx.us.