in the Matter of M. I. S., a Juvenile

Opinion

ACCEPTED 01-14-00684-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 1/6/2015 3:00:10 PM CHRISTOPHER PRINE CLERK

IN THE FIRST COURT OF APPEALS OF TEXAS FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS In the Matter of § CASE NO. 1/6/2015 01-14-00684-CV 3:00:10 PM § CHRISTOPHER A. PRINE § Clerk § On Appeal From Harris County § Cause No. 201305802J M.I.S. § 313th District Court

APPELLANT’S MOTION TO EXTEND TIME TO FILE APPELLATE BRIEF

Appellant, M.I.S., a juvenile, moves for an extension of time to file his appellate

brief, under TEX. R. APP. P. 10.5(b).

I. TRIAL COURT PROCEEDINGS

On July 18, 2014, a judge sentenced M.I.S. to 10 years’ confinement in the

Texas Juvenile Justice Division after a jury found him guilty of aggravated robbery.

Defendant filed notice of appeal on August 14, 2014. The record was completed on

December 6, 2014.

II. PROCEEDINGS IN THIS COURT

The Appellant’s brief was due January 5, 2015. No previous extensions have

been requested.

III.

Since the record was completed, counsel has filed a brief in the case of Joshua

Adan Lopez v. State, Cause No. 01-14-00637-CR, and has been working to complete a

brief in Reginald Hill v. State, Cause No. 14-14-00376-CR and a petition for discretionary review in Michael Jermaine Williams v. State, Cause No. 14-13-00827-CR.

Counsel also has missed several days of work due to flu that she contracted over the

Christmas holiday.

IV.

In the exercise of due diligence, then, counsel was unable to complete the brief

for Appellant by the deadline, and needs an additional 30 days to file it. This motion is

not filed for purposes of delay, but so that justice may be done.

PRAYER

Appellant respectfully requests that this motion be granted and that the Court

permit an extension of time until February 5, 2015 to file Appellant’s brief.

Respectfully submitted,

ALEXANDER BUNIN Chief Public Defender Harris County Texas

/s/ Cheri Duncan ______________________________ CHERI DUNCAN Assistant Public Defender Harris County Texas SBN 06210500 1201 Franklin, 13th Floor Houston Texas 77002 (713) 368-0016 (713) 368-9278 (Fax) cheri.duncan@pdo.hctx.net

Attorney for Appellant, M.I.S. 2 CERTIFICATE OF SERVICE

I certify that a copy of Appellant’s Motion to Extend Time to File Appellate

Brief was served electronically on the Appellate Division of the Harris County District

Attorney’s Office, 1201 Franklin St, 6th Floor, Houston, TX on January 6, 2015.

/s/ Cheri Duncan ____________________________________ CHERI DUNCAN