Brady Craig Koch, Jr. v. State

Opinion

ACCEPTED 01-14-00248-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 7/27/2015 2:42:49 PM CHRISTOPHER PRINE CLERK

No. 01-14-00248-CR In the Court of Appeals FILED IN 1st COURT OF APPEALS For the HOUSTON, TEXAS First District of Texas 7/27/2015 2:42:49 PM At Houston CHRISTOPHER A. PRINE  Clerk

No.1861254 In County Criminal Court at Law No. 5 Of Harris County, Texas  BRADY KOCH, JR. Appellant V. THE STATE OF TEXAS Appellee  STATE’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF  TO THE HONORABLE COURT OF APPEALS:

THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 2 & 10.5, moves for

an extension of time in which to file its appellate brief and in its motion, would

show the Court the following:

1. Appellant was charged by information with driving while intoxicated, enhanced

with one prior conviction for driving while intoxicated. (C.R. at 8) Appellant

was convicted by a jury and was sentenced by the trial court to one year in the

Harris County Jail, probated for two years of community supervision. (C.R. at

91, 96-97) Appellant timely filed notice of appeal and the trial court certified

his right of appeal. (C.R. at 99-102) The State’s Reply Brief was due on July 27, 2015. The following facts are relied upon to show good cause for an

extension of time to allow the State to file its brief:

a. The undersigned attorney was not assigned this brief until July 14, 2015.

b. The undersigned attorney has also been involved in the following written appellate projects during the time the undersigned attorney was assigned State’s reply brief in this case:

(1) Oliver Cruise v. State of Texas No. 01-14-00833-CR Brief Due: August 11, 2015

(2) Jason Conway v. State of Texas No. 01-14-00659-CR Brief Due: August 19, 2015

(3) Demetrus Horton v. State of Texas No. 01-14-00993-CR Brief Due: July 22, 2015 Brief Submitted: July 23, 2015

Consequently, 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. 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 a thirty day extension of

time for the undersigned attorney to complete and file the State’s appellate brief in

this case.

Respectfully submitted,

/s/ Patricia McLean PATRICIA MCLEAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 McLean_Patricia@dao.hctx.net TBC No. 24081687

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument will be served by e- filing to:

Emily Detoto; Megan Smith Attorneys for Appellant emilydetoto@mac.com; megan@megansmithlaw.com

/s/ Patricia McLean PATRICIA MCLEAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 McLean_Patricia@dao.hctx.net TBC No.24081687 Date: July 27, 2015