Ex Parte Brian F. Roberts

Opinion

ACCEPTED

14-15-00338-CR

FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 9/9/2015 4:54:06 PM CHRISTOPHER PRINE

CLERK

No. 14-15-00338-CR

In the

Court of Appeals FILED IN 14th COURT OF APPEALS

For the HOUSTON, TEXAS Fourteenth District of Texas 9/9/2015 4:54:06 PM At Houston CHRISTOPHER A. PRINE  Clerk

No. 883239-A

In the 185th District Court Of Harris County, Texas 

EX PARTE

BRIAN F. ROBERTS 

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 indictment with the felony offense of possession of

marijuana. (C.R. at 23) Appellant entered into a plea bargain agreement and

was sentenced to three years in the Texas Department of Criminal Justice,

Institutional Division, probated for three years. (C.R. at 21) Appellant was

discharged from probation in 2004. (See C.R. at 31) Appellant filed an Article

11.072 Writ of Habeas Corpus Application that was denied by the trial court on

March 23, 2015. (C.R. at 4-50) Appellant filed notice of appeal on March 31,

2015, and the trial court certified appellant’s right of appeal. (C.R. at 51-53)

2. The State’s Reply Brief was due on September 9, 2015. This Court has

previously granted one extension of time to file the State’s Reply Brief on

August 10, 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 assigned this brief on August 4, 2015.

b. The undersigned attorney has 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 Brief Submitted: August 7, 2015

(2) Todd Mitchell v. State of Texas No. 01-15-00249-CR Brief Due: September 30, 2015 Brief Submitted: September 8, 2015

(3) Brady Koch v. State of Texas No. 01-14-00248-CR Brief Due: September 25, 2015

(4) Marcus Brooks v. State of Texas No. 14-14-00568-CR Brief Due: October 5, 2015

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

Tom Abbate Attorney for Appellant tom@tomabbatelaw.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: September 9, 2015