Kendall Bell v. State

Opinion

ACCEPTED 01-15-00510-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 10/14/2015 12:44:26 PM CHRISTOPHER PRINE CLERK

IN THE FIRST COURT OF APPEALS OF TEXAS FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS KENDALL BELL § CASE NO. 10/14/2015 01-15-00510CR 12:44:26 PM § CHRISTOPHER A. PRINE § Clerk VS. § On Appeal From Harris County § Cause No. 1394740 § 263RD District Court THE STATE OF TEXAS §

APPELLANT’S MOTION TO EXTEND TIME TO FILE APPELLATE BRIEF

Appellant, Kendall Bell, moves for an extension of time to file appellate brief,

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

I. TRIAL COURT PROCEEDINGS

On May 13, 2015, a judge sentenced Mr. Bell to 20 years confinement in TDCJ-

Institutional Division, after entering a judgment adjudicating guilt. Mr. Bell had been

serving a 6-year term of deferred adjudication for aggravated robbery after being

certified from the 314th Juvenile District Court to stand trial as an adult. Defendant filed

notice of appeal on May 13, 2015.

II. PROCEEDINGS IN THIS COURT

The Appellant’s brief was due October 12, 2015. No previous extension has

been requested. III.

Since the record was completed, counsel has filed a brief in Eric Samuel Tucker

v. State, Cause No. 01-15-00274-CR, and has been working to complete a brief in Mayer

v. State, Cause No. 14-14-01011-CR, which is subject to abatement. Counsel also has

researched and prepared a response to the state’s motion for the juvenile court to waive

jurisdiction after a reversal and remand on appeal in Guerrero v. State, Cause NO. 14-

13-00101-CR, for a hearing that ultimately was reset. Counsel also has five other briefs

and one petition for discretionary review this month, all of which are older than this

case.

IV.

In the exercise of due diligence, counsel was unable to complete Mr. Bell’s brief

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 November 15, 2015 to file Appellant’s brief.

Respectfully submitted,

ALEXANDER BUNIN Chief Public Defender Harris County Texas

/s/ Cheri Duncan ______________________________ 2 CHERI DUNCAN Assistant Public Defender Harris County Texas State Bar No. 06210500 1201 Franklin, 13th Floor Houston Texas 77002 (713) 368-0016 (713) 368-9278 (Fax) cheri.duncan@pdo.hctx.net

Attorney for Appellant, KENDALL BELL

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 October 14, 2015.

/s/ Cheri Duncan ____________________________________ CHERI DUNCAN