Kit Shum v. State

• Court: Court of Appeals of Texas
• Decided: May 21, 2015
• Docket: 04-14-00908-CR
• Status: Published

Opinion

ACCEPTED 04-14-00908-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 5/21/2015 2:31:14 PM KEITH HOTTLE CLERK

CAUSE NO. 04-14-00908-CR

KIT SHUM § FILEDCOURT IN THE FOURTH IN 4th COURT OF APPEALS § SAN ANTONIO, TEXAS V. § OF 2:31:14 5/21/2015 APPEALSPM § KEITH E. HOTTLE Clerk THE STATE OF TEXAS § SAN ANTONIO, TEXAS

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:

COMES NOW KIT SHUM, the Appellant in the above styled and numbered

cause, and pursuant to Rule 10 of the Rules of Appellate Procedure files this Motion

requesting that the Court extend the time for filing the Appellant’s brief in this cause,

and in support shows as follows:

A.

1. The case is on appeal from the 290th District Court, Bexar County, Texas.

2. The style and number of the case in the trial court is State v. Kit Shum, Cause

No. 2014-CR-1592.

3. The Appellant was charged with the offense of unauthorized record labeling.

4. Punishment was assessed at probation.

5. The present deadline for filing the Appellant’s brief is June 1, 2015.

6. The Appellant seeks an extension of time of 90 days until September 1, 2015.

1 7. This is the Appellant’s first motion for extension of time to file the Appellant’s

brief.

B.

This extension is not sought for the purpose of delaying this appeal, but for

the following reason:

1. Counsel would show that counsel filed on May 9, 2015 a brief with this Court

in a murder case in Rosario v. State; filed a brief in a capital murder death

penalty habeas in Gonzales v. Thaler in the Fifth Circuit Court of Appeals on

May 8, 2015; investigated, researched, and filed on May 13, 2015 an extensive

motion for new trial in a murder case in State v. Ramirez in the 379th District

Court of Bexar County, Texas; filed a brief on May 18, 2015 in a murder case

in Lyons v. State in the Third Court of Appeals; is set for a federal white collar

trial on June 8, 2015 in United States v. Hoffman in the Western District of

Texas, San Antonio Division; has a death penalty 11.071 writ due to be filed

on July 10, 2015 in State v. Love in McLennan County, Texas; is set for a

federal child porn case on July 13, 2015 in the Western District of Texas, San

Antonio Division; has a multi-defendant federal drug conspiracy trial on July

27, 2015 in United States v. Mazaheri in the Western District of Texas, San

Antonio Division; has a multi-defendant federal drug conspiracy trial on

August 10, 2015 in United States v. Alderete in the Western District of Texas,

2 San Antonio Division; and is set for trial on August 17, 2015 in an aggravated

sexual assault of a child case in State v. Gomez in the 175th District Court,

Bexar County, Texas on August 17, 2015.

2. The Appellant needs additional time in the case at bar to review the record and

to conduct the necessary research to adequately prepare the Appellant’s brief.

C.

On May 21, 2015, counsel conferred with counsel for the State, Enrico Valdez,

and his office stated that he is unopposed to the granting of this motion.

WHEREFORE, PREMISES CONSIDERED, Counsel for the Appellant prays

that the Court grant an extension of time up to and including September 1, 2015 for

filing the Appellant’s brief.

Respectfully submitted,

/s/ Michael C. Gross Michael C. Gross State Bar No. 08534480 106 South St. Mary’s Street, Suite 260 San Antonio, Texas 78205 (210) 354-1919 (210) 354-1920 Fax

Attorney for the Appellant, KIT SHUM

3 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was emailed to Enrico Valdez at jeanette.canales@bexar.org on the 21st day of May 2015.

/s/ Michael C. Gross