Julia Juarez v. State

Opinion

ACCEPTED

01-14-01035-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 5/19/2015 2:49:55 PM CHRISTOPHER PRINE

CLERK

NO. 01-14-01035-CR

FILED IN

IN THE 1st COURT OF APPEALS HOUSTON, TEXAS

5/19/2015 2:49:55 PM

COURT OF APPEALS FOR THE

CHRISTOPHER A. PRINE

Clerk

FIRST DISTzuCT OF TEXAS

IN HOUSTON, TEXAS

JULIA JUAREZ APPELLANT

THE STATE OF TEXAS APPELLEE

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, JULIA JUAREZ, Appellant in the above entitled and numbered cause, and

files this Motion for Extension of Time in which to file her brief and as grounds for the granting of

this motion would show unto the Court as follows:

(1) This cause was styled State of Texas v. JULIA JUAREZ and numbered Cause No.

t422760 in the 230th District Court of Harris Countv. Texas.

(2) Appellant was convicted of Manslaughter on her plea of guilty and punishment was

assessed at 1 4 years in the Texas Department of Criminal Justice by the Court after a pre-sentencing

investigation.

(3) Sentence was imposed on December 22,2014. A motion for new trial was filed.

(4) Notice of Appeal was filed on December 22,2014.

(5) The record was filed on April 22,2015.

(6) The brief is due on May 22,2015.

(l) This is Appellant's First Motion for Extension of Time to file her brief.

(8) An additional thirfy (30) days is required for filing the brief or until June 21,2015.

(9) The facts relied on to reasonably explain the need for additional time to file the brief

are as follows:

"Due to circumstances beyond Appellant's control, she is unable to complete the briefbythe due date. Appellant's counsei is unable to complete the brief in atimely fashion because the District Courts of Harris County and Courts of Appeal have given priority to completion of other work prior to the date on which the brief is due. Further, it is anticipated that the brief will involve complex legal issues requiring thorough evaluation. Additional time is therefore needed to provide Appellant with effective assistance ofcounsel on appeal.

(10) Appellant will suffer irremediable harm if the Court will not grant this motion.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that the Court grant this

motion and extend the deadline for filing Appellant's brief until June 2l , 2015 .

Respectfully submitted,

MICHAEL P. FOSHER ATTORNEY AT LAW

Michael P. Fosher State Bar No.: 07280300

The Lyric Centre 440 Louisiana, Ste. 1200 Houston, Texas 1l 002-1636 (713) 22r-18r0 michael@fo sherlaw. com ATTORNEY FOR APPELLANT

z

STATE OF TEXAS A

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COLINTY OF HARzuS S

BEFORE ME, the undersigned authority, personally appeared MICHAEL P. FOSHER, who

being by me first duly swom, deposed and stated as follows:

"My name is Michael P. Fosher, and I am the attorney appointed to represent JULIA JUAREZ on appeal. I have read and understand the content of the foregoing motion and state that the same is true and correct to the best of my knowledge and belief."

Michael P. Fosher

SWORN TO AND SUBSCzuBED before me this ffi* of /lA-A-4 20t5.

LIC IN AND FOR

THE STATE OF TEXAS

MY COMMISSION EXPIRES: i?{- +0 { ?

CERTIFICATE OF SERVICE

This will certify that a copy of the foregoing motion was served upon Alan Curry, curry-alan@dao.hctx.net, District Attorney of Harris County, Appellant Division, 1201 Franklin, Houston, Texas 77002, facsimile no.7I3-755-5809 at the time of filing as per localrule.

Michael P. Fosher