Amber Rae Thornton v. State

Opinion

ACCEPTED 01-15-00585-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 10/22/2015 3:40:51 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00585-CR

IN THE COURT OF APPEALS FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS FIRST DISTRICT 10/22/2015 3:40:51 PM CHRISTOPHER A. PRINE Clerk HOUSTON, TEXAS

NO. 1344347

IN THE TRIAL COURT

338TH JUDICIAL DISTRICT

HARRIS COUNTY, TEXAS

AMBER RAE THORNTON § APPELLANT

VS. §

THE STATE OF TEXAS § APPELLEE

MOTION FOR EXTENSION OF TIME FOR FILING APPELLANT'S BRIEF

ALLEN C. ISBELL 2016 Main St., Suite 110 Houston, Texas 77002 713/236-1000 Fax: 713/236-1809 STATE BAR NO. 10431500 Email:allenisbell@sbcglobal.net

COUNSEL ON APPEAL TO THE HONORABLE COURT OF APPEALS:

COMES NOW AMBER RAE THORNTON, appellant, by and through her

retained counsel on appeal, and respectfully requests this Honorable Court

grant an Extension of Time for Filing an Appellant's Brief. The present date

for filing the Brief is October 23, 2015, and it is respectfully requested that said

time be extended until December 22, 2015. For cause, appellant would show

the Court as follows:

I.

On June 10, 2015, appellant was convicted of Aggravated Robbery-

Serious Bodily Injury, in the 338th District Court of Harris County, Texas

entitled The State of Texas vs. AMBER RAE THORNTON, in Cause Number

1344347 and was sentenced to fifty (50) years confinement in the Texas

Department of Criminal Justice, Institutional Division. No Motion for New Trial

was filed and written Notice of Appeal was given June 25, 2015.

II.

Counsel is unable to timely file the Brief within the time period from the

first extension of filing the Reporter’s Record for the following reasons:

1. Counsel is preparing for the following Trials:

• State vs. Aguilar, No. 1370058 (Murder)(set to begin October 26, 2015)

c:\appeals\thornton\extension 2 • State vs. Contreras, No. 1328812 (Capital Murder)(set to begin November 6, 2015)

• State vs. Morris, No. 1458287 (Aggravated Robbery)(set to begin November 6, 2015)

2. Counsel had to prepare for the following Trials:

• State vs. Simon, No. 1391357 (Capital Murder)(previously set to begin October 22, 2015)

3. Counsel has recently represented the following in court: State vs. Aguilar, No. 1370058; State vs. Allen, Nos. 1475254 & 1403306; State vs. Caplan, No. 1449686; State vs. Collins, No. 1468713; State vs. Cornelius, No. 1483722; State vs. Dornes, No. 1477372; State vs. Hastings, No. 1464287; State vs. Hornsby, Nos. 1455466, 1455467 & 1455768; State vs. Johnson, No. 1485392; State vs. Joyner, No. 1358039; State vs. Koch, No. 1473727; State vs. Landon, No. 1370845; State vs. Nuñez- Reyes, No. 1476299; State vs. Palmer, No. 1419391; State vs. Sanfelippo, No. 1479165; State vs. Simon, No. 1391357; State vs. Taylor, No. 1481280; State vs. Vallier, No. 1480767; State vs. Zumoff, No. 1485229;

III.

Counsel feels that if the additional time is granted, the Brief in this cause

will be filed timely.

IV.

This is the first (1st) extension requested.

c:\appeals\thornton\extension 3 V.

This motion is urged at the first opportunity as appellant will suffer

irremediable harm if it is not granted.

WHEREFORE, PREMISES CONSIDERED, appellant prays that this

Honorable Court grant this extension of time in which to file the Appellant's

Brief until December 22, 2015.

Respectfully submitted,

/s/ Allen C. Isbell ALLEN C. ISBELL 2016 Main St., Suite 110 Houston, Texas 77002 713/236-1000 Fax No. 713/236-1809 STATE BAR NO. 10431500 Email: allenisbell@sbcglobal.net

COUNSEL ON APPEAL

Certificate of Service

I hereby certify that on this 22nd day of October, 2015, a true and correct

copy of the foregoing motion was sent to the District Attorney's Office,

Appellate Division, and to Ms. Amber Rae Thornton, appellant.

/s/ Allen C. Isbell ALLEN C. ISBELL

c:\appeals\thornton\extension 4 Certificate of Compliance

The undersigned attorney on appeal certifies this motion is computer

generated and consists of 602 words. Counsel is relying on the word count

provided by the Word Perfect computer software used to prepare the motion.

c:\appeals\thornton\extension 5