Harvey Smith v. State

Opinion

ACCEPTED

01-15-00312-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 8/20/2015 7:13:31 AM CHRISTOPHER PRINE

CLERK

No. 01-15-00312-CR

In the FILED IN Court of Appeals 1st COURT OF APPEALS HOUSTON, TEXAS

for the

8/20/2015 7:13:31 AM

First District of Texas

at Houston CHRISTOPHER A. PRINE Clerk

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No. 1421605

In the 176th District Court Harris County, Texas



HARVEY SMITH

Appellant

V.

THE STATE OF TEXAS

Appellee



APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLATE BRIEF

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TO THE HONORABLE COURT OF APPEALS:

APPELLANT, pursuant to TEX. R. APP. P. 10.1, 10.5(b) and 38.6(d), moves for an

extension of time within which to file its appellate brief. In support of its motion, appellant

submits the following:

1. Appellant was charged with aggravated robbery. 2. A jury convicted appellant of the charged offense and sentenced him to 28 years confinement in the Institutional Division of the Texas Department of Criminal Justice on March 23, 2015.

3. Notice of appeal was filed on March 23, 2015.

4. Appellant’s brief was due on August 13, 2015.

5. Appellant seeks an extension to file his brief until November 13, 2015.

6. The following facts are relied upon to show good cause for the requested extension:

a. Counsel filed a petition for discretionary review in Miranda v. State, No. PD-0827-15, and Hayes v. State, No. PD-0885-15 and No. PD- 0886-15. b. Counsel has filed a writ of certiorari in the United States Supreme Court in Masterson v. Stephens. c. Counsel has filed a writ of habeas corpus in Ex parte Williams, 1371668A.

7. Appellant’s motion is not for purposes of delay, but so that justice may be done.

WHEREFORE, the State prays that this Court will grant the requested extension.

Respectfully submitted,

/s/MANDY MILLER Attorney for appellant 2910 Commercial Center Blvd., Ste. 103-201 Katy, TX 77494 SBN 24055561 PHONE (832) 900-9884 FAX (877) 904-6846 mandy@mandymillerlegal.com

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CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument has been delivered via

electronic mail to the following address:

Harris County District Attorney’s Office ATTN: Alan Curry curry_alan@dao.hctx.net

/s/MANDY MILLER Attorney for appellant 2910 Commercial Center Blvd., Ste. 103-201 Katy, TX 77494 SBN 24055561 PHONE (832) 900-9884 FAX (877) 904-6846 mandy@mandymillerlegal.com