Dene Ray McCarter v. State

Opinion

ACCEPTED

01-15-00399-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 11/2/2015 10:52:13 AM CHRISTOPHER PRINE

CLERK

No. 01-15-00399-CR

In the FILED IN 1st COURT OF APPEALS

HOUSTON, TEXAS

Court of Appeals 11/2/2015 10:52:13 AM CHRISTOPHER A. PRINE

Clerk

For the

First District of Texas

At Houston

_________________________________________________________

Trial Court Cause No. 1391752 In the 339th District Court of Harris County, Texas

_________________________________________________________

DENE RAY McCARTER,

Appellant

v.

THE STATE OF TEXAS,

Appellee

___________________________________________________________

2ND MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

__________________________________________________________

VIVIAN R. KING State Bar No. 00784399 2202 Alabama St. Houston, Texas 77004 (713) 222-2019 Office (877) 753-6706 eFax

Appointed Attorney for Appellant

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TO THE HONORABLE COURT OF APPEALS:

NOW COMES DENE RAY McCARTER, the Appellant herein, and moves

the Court for an extension of time to file Appellant's Brief in this cause, pursuant to

TEX. R. APP. PROC. Rules 10.5 (b)(2) and 38.6(n), and in support thereof

would show the Court as follows:

I.

The Appellant in this cause was convicted by a jury of Murder in the 339th

District Court of Harris County, Texas in cause number 1391752 and Appellant

was sentenced to 52 years in Prison in the Texas Department of Corrections,

Institutional Division. Notice of Appeal was properly filed on December 04, 2014.

II.

The Clerk’s record was properly filed on June 15, 2015.

The Reporter’s record was filed on July 09, 2015.

The Exhibits were filed on July 15, 2015.

This is a voluminous record. The case is complicated.

III.

One previous extension has been granted.

Appellant’s attorney is requesting an extension to November 06, 2015 to file

Appellant’s Brief.

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IV.

Appellant’s attorney is requesting this extension of time to file Appellant’s

Brief due to weekly trial settings and other cases requiring research and court

appearances, and, specifically a 25 to Life case set on Monday, November 02, 2015

in the 179th District Court (Casue #1450399).

This motion is not made for delay, but instead, to ensure effective assistance

of counsel.

WHEREFORE, PREMISES CONSIDERED, the undersigned counsel, on

behalf of Appellant, respectfully prays that this Honorable Court grant this

extension to November 06, 2015.

RESPECTFULLY SUBMITTED, /s/ Vivian R. King VIVIAN R. KING Texas Bar No. 00784399 2202 Alabama St. Houston, Texas 77004 (713) 222-2019 office (877) 753-6706 e Fax VivianRKing@msn.com Email CERTIFICATE OF SERVICE

As Attorney of Record for Appellant, I do hereby certify that a true and correct copy of the above and foregoing document was emailed to Appellate Division and efiled with the office of the Honorable Devon Anderson, Harris County District Attorney, on November 02, 2015.

/s/ Vivian R. King