Amina Rose White v. State

Opinion

ACCEPTED 01-15-00294-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 7/1/2015 4:46:35 PM CHRISTOPHER PRINE CLERK

No. 01-15-00294-CV

In the FILED IN 1st COURT OF APPEALS Court of Appeals HOUSTON, TEXAS For the 7/1/2015 4:46:35 PM First District of Texas CHRISTOPHER A. PRINE Clerk At Houston

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No. 1884399 In the County Criminal Court at Law Number 15 Of Harris County, Texas

AMINA ROSE WHITE Appellant

V.

THE STATE OF TEXAS Appellee

STATE’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE APPELLATE BRIEF

TO THE HONORABLE COURT OF APPEALS OF TEXAS:

COMES NOW THE STATE OF TEXAS, appellee, in accordance with

Rules 10.5(b)(1) and 38.6(d) of the Texas Rules of Appellate Procedure, and files

Page 1 of 5 this motion for extension of time in which to file the State’s brief in this case, and,

in support thereof, presents the following:

1. In the County Criminal Court at Law Number 15 of Harris County, Texas, in

cause number 1884399, appellant was charged by information with the Class

B misdemeanor offense of theft in The State of Texas v. Amina Rose White.

2. On April 30, 2013, appellant made a plea-bargain agreement with the State

and, pursuant to that agreement, pled guilty to the offense as charged. The

trial court agreed to follow the terms of the plea-bargain agreement and

accepted appellant’s plea, but deferred a finding of guilt and ordered that

appellant be placed on deferred adjudication community supervision for a

term of six months.

3. On November 4, 2013, the trial court entered an order discharging appellant

from deferred adjudication community supervision and dismissing the

proceedings against her.

4. On January 5, 2015, appellant filed in the trial court a Petition for

Nondisclosure of Criminal History Record Information.

5. The trial court denied appellant’s petition for nondisclosure by written order

on February 23, 2015.

6. On March 16, 2015, appellant timely filed written notice of appeal to

challenge the trial court’s denial of appellant’s petition for nondisclosure.

Page 2 of 5 7. Appellant filed her brief with this Court on May 4, 2015.

8. The State’s appellate brief is due on July 3, 2015.

9. This is the State’s second request for an extension.

10. The State requests that this Court extend the timeframe for the filing of the

State’s appellate brief to August 3, 2015.

11. The facts relied upon to explain the need for this extension are:

a. During the time in which the undersigned attorney will be researching

and preparing the State’s appellate brief for this case, she will also be

researching and preparing the State’s appellate briefs in the following

cases that are also assigned to her:

i. Ex parte Brent Wayne Justice; No. 14-14-00951-CR

ii. Jesus Tinoco v. State of Texas; No. 14-14-00973-CR

iii. Travis Lamb v. State of Texas; No. 01-14-00901-CR

iv. Ex parte Alicia Brumant; No. 14-15-00337-CR

b. Further, the undersigned attorney was asked to author an article

regarding the recent amendments to the Texas Rules of Evidence,

which will be published in the next issue of The Texas Prosecutor, the

bi-monthly publication of the Texas District & County Attorneys

Association.

Page 3 of 5 12. As a result of these factors, 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.

13. 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 the State an

extension of time, until August 3, 2015, for the undersigned attorney to complete

and file the State’s appellate brief in this case.

Respectfully submitted,

/S/ Melissa Hervey

MELISSA P. HERVEY Assistant District Attorney Harris County, Texas State Bar No. 24053741 1201 Franklin Street, Suite 600 Houston, Texas 77002 Telephone (713) 755-5826 Fax (713) 755-5809 Hervey_Melissa@dao.hctx.net

Page 4 of 5 CERTIFICATE OF SERVICE

This is to certify that the undersigned counsel has directed the e-filing

system eFile.TXCourts.gov to serve a true and correct copy of the foregoing

document upon Ashton Christopher Adair, appellant’s attorney of record on

appeal, on July 1, 2015, at the following e-mail address, through the electronic

service system provided by eFile.TXCourts.gov:

ash@houstontxlawyer.com

MELISSA P. HERVEY Assistant District Attorney Harris County, Texas State Bar Number: 24053741 1201 Franklin Street, Suite 600 Houston, Texas 77002 Telephone (713) 755-5826 Fax (713) 755-5809 Hervey_Melissa@dao.hctx.net

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