Bo Daniel Shafer v. State

Opinion

ACCEPTED 14-15-00372-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 10/22/2015 2:06:49 PM CHRISTOPHER PRINE CLERK

IN THE FOURTEENTH COURT OF APPEALS OF TEXAS FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS BO DANIEL SHAFER § CASE NO. 10/22/2015 14-15-00372CR 2:06:49 PM § CHRISTOPHER A. PRINE § Clerk VS. § On Appeal From Harris County § Cause No. 1433928 § 184TH District Court THE STATE OF TEXAS §

APPELLANT’S MOTION TO EXTEND TIME TO FILE APPELLATE BRIEF

Appellant, Bo Daniel Shafer, moves for an extension of time to file his appellate

brief, under TEX. R. APP. P. 10.5(b).

I. TRIAL COURT PROCEEDINGS

On March 18, 2015, the trial court entered judgment against Mr. Shafer after a

jury found him guilty of continuous sex abuse of a child and assessed punishment at 26

years in the Institutional Division -- TDCJ. Mr. Shafer filed a notice of appeal on March

18, 2015.

II. PROCEEDINGS IN THIS COURT

The Appellant’s brief is due October 22, 2015. Previous extension have been

requested.

III.

Since the previous extension, counsel has been working to complete a brief in

Margaret Mayer v. State, Cause No. 14-14-01011-CR, which has been abated; and in Kendall Bell v. State, Cause No. 01-15-00510-CR; Vincent Broussard v. State, Cause No. 14-

15-00526-CR. Counsel also is finishing a petition for discretionary review in Reginald

Hill v. State, Cause No. 14-14-00376-CR, which has no further extensions. In this same

30-day period, counsel has researched and prepared a response to the state’s motion for

the juvenile court to waive jurisdiction after a reversal and remand on appeal in Jorge

Guerrero v. State, Cause No. 14-13-00101-CR, for a hearing that ultimately was reset.

IV.

In the exercise of due diligence, counsel was unable to complete the brief by the

deadline, and needs an additional 30 days to file it. 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 November 23, 2015 to file Appellant’s brief.

Respectfully submitted,

ALEXANDER BUNIN Chief Public Defender Harris County Texas

/s/ Cheri Duncan ______________________________ CHERI DUNCAN Assistant Public Defender Harris County Texas 2 SBN 06210500 1201 Franklin, 13th Floor Houston Texas 77002 (713) 368-0016 (713) 368-9278 (Fax) cheri.duncan@pdo.hctx.net

Attorney for Appellant, BO DANIEL SHAFER

CERTIFICATE OF SERVICE

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, 1201 Franklin St, 6th Floor, Houston, TX on October 22, 2015.

/s/ Cheri Duncan ____________________________________ CHERI DUNCAN