Michael Brent Brown v. State

Opinion

ACCEPTED 01-15-00042-cr FIRST COURT OF APPEALS HOUSTON, TEXAS 6/1/2015 11:33:41 AM CHRISTOPHER PRINE CLERK

NO. 01-15-00042-CR

STATE OF TEXAS § IN THE FILED IN 1st COURT OF APPEALS § HOUSTON, TEXAS VS. § 1st COURT 6/1/2015 11:33:41 AM § CHRISTOPHER A. PRINE MICHAEL BROWN § OF APPEALS Clerk

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes Michael Brown, Appellant in the above styled and

numbered cause, and moves this Court to grant an extension of time to file

appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate

Procedure, and for good cause shows the following:

1. This case is on appeal from the 163rd Judicial District Court of

Orange County, Texas.

2. The case below was styled the State of Texas vs. Michael

Brown, and numbered B-140,443-R.

3. Appellant was convicted of Possession of a Controlled

Substance.

4. Appellant was assessed a sentence of Life on December 11,

2014.

5. Notice of appeal was given on December 16, 2014. 6. The clerk's record was filed on March 25, 2015; the reporter's

record was filed on February 25, 2015.

7. The appellate brief is presently due on May 26, 2015.

8. Appellant requests an extension of time of 30 days from the

present date, i.e. June 24, 2015.

9. One extension to file the brief has been received in this cause.

10. Defendant is currently ncarcerated.

11. Appellant relies on the following facts as good cause for the

requested extension:

The Attorney for Appellant has been laboring under a heavy caseload

and requires more time to prepare said brief.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this

Court grant this Motion To Extend Time to File Appellant's Brief, and for

such other and further relief as the Court may deem appropriate.

Respectfully submitted,

CHRISTINE R BROWN-ZETO Attorney at Law 1107 Green Avenue Orange, Texas 77630 Tel: (409) 886-8558 Fax: (409) 883-6523 By: /s/ Christine R. Brown-Zeto Christine R. Brown-Zeto State Bar No. 03102200 crbrownzeto@sbcglobal.net Attorney for Michael Brown

CERTIFICATE OF SERVICE

This is to certify that on May 4, 2015, a true and correct copy of the

above and foregoing document was served on the District Attorney's

Office, Orange County, 801 Division, Orange, Texas 77630, by personal

delivery.

/s/ Christine R. Brown-Zeto Christine R. Brown-Zeto STATE OF TEXAS § § COUNTY OF ORANGE §

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally

appeared Christine R. Brown-Zeto, who after being duly sworn stated:

"I am the attorney for the appellant in the above numbered and

entitled cause. I have read the foregoing Motion To Extend

Time to File Appellant's Brief and swear that all of the

allegations of fact contained therein are true and correct."

/s/ Christine R. Brown-Zeto Christine R. Brown-Zeto Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on May 4, 2015, to

certify which witness my hand and seal of office.

/s/ Chrystal Murphy Notary Public, State of Texas My Commission Expires: June 2, 2018