Kenneth Allen Ross v. State

Opinion

ACCEPTED

01-14-00902-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 2/10/2015 6:34:07 AM CHRISTOPHER PRINE

CLERK

No. 01-14-00902-CR

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

for the

2/10/2015 6:34:07 AM

First District of Texas

at Houston CHRISTOPHER A. PRINE Clerk



No. 1399343

In the 230th District Court Harris County, Texas



KENNETH ALLEN ROSS

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 the jury sentenced him to 40 years confinement in the Institutional Division of the Texas Department of Criminal Justice on October 30, 2014.

3. Notice of appeal was filed on October 30, 2014. 4. Appellant’s brief was due on January 28, 2015.

5. Appellant seeks an extension to file his brief until April 6, 2015.

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

a. Counsel has been acting as co-counsel on a case involving Garcia Glen White. Mr. White was set to be executed on January 28, 2015.

b. Counsel had been preparing for a hearing on a capital case, Ex parte Williams, Cause No. 1088181-A, set for January 14, 2015.

c. Counsel has filed subsequent writs in Ex parte Williams, Cause Nos.

1088181-B and 1088181-C.

d. Counsel has been working on Dorsey v. State, No. 01-14-00685-CR

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

email to the following address:

Harris County District Attorney’s Office ATTN: Alan Curry 1201 Franklin, Suite 600 Houston, Texas 77002 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