Denzel Earl McGee v. State

• Court: Court of Appeals of Texas
• Decided: March 2, 2015
• Docket: 14-14-00494-CR
• Status: Published

Opinion

ACCEPTED 14-14-00494-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 3/2/2015 10:18:44 AM CHRISTOPHER PRINE CLERK

No. 14-14-00494-CR

In the FILED IN 14th COURT OF APPEALS Court of Appeals HOUSTON, TEXAS For the 3/2/2015 10:18:44 AM Fourteenth District of Texas CHRISTOPHER A. PRINE Clerk At Houston

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No. 1342932 In the 337th Criminal District Court Of Harris County, Texas

DENZEL EARL McGEE Appellant v. THE STATE OF TEXAS Appellee

STATE’S SECOND 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, in accordance with Rules

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

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

support thereof, presents the following:

Page 1 of 4 1. In the 337th Criminal District Court of Harris County, Texas, in cause

number 1342932, appellant was convicted of murder in The State of Texas

v. Denzel Earl McGee.

2. On June 18, 2014, the trial court sentenced appellant to confinement in the

Texas Department of Criminal Justice, Correctional Institutions Division,

for seventy years, consistent with the jury’s assessment of punishment.

3. On June 18, 2014, appellant timely written notice of appeal.

4. Appellant filed his appellate brief with this Court on December 29, 2014.

5. The State’s appellate brief is due on March 2, 2015.

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

7. An extension of time in which to file the State’s appellate brief is requested

until April 2, 2015.

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

During the time in which the undersigned attorney has been researching and preparing the State’s appellate brief for this case, she was also researching and preparing the State’s appellate briefs in the following cases assigned that are also to her:

i. Ex parte Riku Melartin; No. 14-14-00926-CR

ii. Ex parte Juan Raul Rojas; No. 14-14-00781-CR

iii. Jacinto Urapo v. State of Texas, No. 14-14-00752-CR

iv. Approximately $31,421.00 v. State of Texas, No. 14-14- 00385-CV

Page 2 of 4 v. Rodashian Degar v. State of Texas, No. 01-14-00660-CR

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.

9. 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 an extension of

time until April 2, 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 3 of 4 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 Crespin Linton, appellant’s attorney of record on appeal, on

March 2, 2015, at the following e-mail address, through the electronic service

system provided by eFile.TXCourts.gov:

crespin@hal-pc.org

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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