Herbert Garfield Gardner v. State

• Court: Court of Appeals of Texas
• Decided: March 23, 2015
• Docket: 14-14-00690-CR
• Status: Published

Opinion

ACCEPTED 14-14-00690-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 3/23/2015 3:46:05 PM CHRISTOPHER PRINE CLERK

No. 14-14-00690-CR IN THE FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS COURT OF APPEALS 3/23/2015 3:46:05 PM CHRISTOPHER A. PRINE Clerk FOR THE

FOURTEENTH DISTRICT OF TEXAS

AT HOUSTON

Cause no. 1372136 In the 180th District Court of Harris County, Texas

HERBERT GARDNER Appellant

V.

THE STATE OF TEXAS Appellee

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW, HERBERT GARDNER Appellant in the above-captioned

cause, by and through his attorney of record, and respectfully moves the Court for an

extension of time in which to file the Appellant's Brief, as provided by TEX. R. APP. PROC. 10.5. In support hereof, Appellant would show unto the Court the following:

1. Appellant was found guilty by the court after a hearing on a motion to

adjudicate guilt in Cause No. 1372136.

2. Appeal was perfected when written notice of appeal was filed after

Appellant was convicted. This Court has the brief scheduled for filing

on or before March 16, 2015.

3. Appellant requests an extension of 60 days, until May 15, 2015 in which

to file the brief.

4. One previous extensions of time have been requested.

5. The facts relied upon to reasonably explain the need for an extension are

those set forth below:

The record in the case is quite extensive and the potential issues are complex. Counsel requests additional time in order to fully prepare the appeal in this matter. Counsel has many other matters, both trial and appellate, pending and due in the next 30-45 days.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays the

Court grant this motion, thereby extending the time for filing the Appellant's Brief by

60 days, until May 15, 2015 in the interest of both justice and judicial economy. Respectfully submitted,

______________________________ PATTI SEDITA State Bar No. 00787484 One Sugar Creek Center Blvd., #1045 Sugar Land, TX 77478 281.313.4225 ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that a true and copy of Motion for Extension of Time to File

Appellant's Brief has been delivered to District Attorney - Appellate Division, 1201

Franklin, Houston, Texas 77002, via efiletex.gov on this the 23rd day of March 2015.

________________________ PATTI SEDITA