Michael Lloyd Gates v. State

Opinion

ACCEPTED

14-14-00795-CR

FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS

3/12/2015 8:57:02 AM

CHRISTOPHER PRINE

CLERK

NO. 14-14-00795-CR

IN THE COURT OF APPEALS FILED IN 14th COURT OF APPEALS

HOUSTON, TEXAS

FOURTEENTH DISTRICT 3/12/2015 8:57:02 AM CHRISTOPHER A. PRINE

Clerk

HOUSTON, TEXAS

NO. 1396498

IN THE TRIAL COURT

182ND JUDICIAL DISTRICT

HARRIS COUNTY, TEXAS

MICHALE LLOYD GATES § APPELLANT VS. § THE STATE OF TEXAS § APPELLEE

MOTION FOR EXTENSION OF TIME FOR FILING APPELLANT’S PRO SE BRIEF

ALLEN C. ISBELL

202 Travis, Suite 208

Houston, Texas 77002

713/236-1000

Fax No. 713/236-1809

STATE BAR NO. 10431500

COUNSEL ON APPEAL

TO THE HONORABLE COURT OF APPEALS:

COMES NOW MICHAEL LLOYD GATES, appellant, by and through his counsel on appeal, ALLEN C. ISBELL, and respectfully requests that this Honorable Court grant an Extension of Time for Filing the Appellant’s Pro Se Brief. For cause would show the Court as follows:

I.

On September 11, 2014, appellant was convicted of Aggravated Sexual Assault of a Child - Under 14, in the 182th District Court of Harris County, Texas entitled The State of Texas vs. MICHAEL LLOYD GATES, in Cause Number 1396498 was sentenced to seven (7) years confinement in the Texas Department of Criminal Justice, Institutional Division. No Motion for New Trial was filed. Written Notice of Appeal was given September 17, 2014.

II.

Counsel on appeal filed a Brief for Appellant on March 11, 2015, which was wholly frivolous.

Appellant has been advised of his right to examine a copy of the record and file a Pro Se Brief in his own behalf if he should so desire.

III.

This is the first (1) extension requested.

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IV.

Appellant’s last known address is as follows: Michael Lloyd Gates, SPN #01642871, 6/J/1, 701 N. San Jacinto, Houston, Texas 77002.

V.

This motion is urged at the first opportunity as appellant is indigent and will suffer irremediable harm if it is not granted.

WHEREFORE, PREMISES CONSIDERED, appellant prays that this Honorable Court grant this extension of time in which to file the Appellant’s Pro Se Brief until May 11, 2015.

Respectfully submitted,

/s/ Allen C. Isbell

ALLEN C. ISBELL

202 Travis, Suite 208

Houston, Texas 77002

713/236-1000

Fax No. 713/236-1809

STATE BAR NO. 10431500

email: allenisbell@sbcglobal.net

COUNSEL ON APPEAL

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Certificate of Service

I hereby certify that on this 11th day of March, 2015, a true and correct copy of the foregoing Motion for Extension of Time for Filing Appellant’s Pro Se Brief was sent to the District Attorney's Office, Appellate Division of Harris County, Texas, and to the Mr. Michael Lloyd Gates, appellant.

/s/ Allen C. Isbell

ALLEN C. ISBELL

Certificate of Compliance The undersigned attorney on appeal certifies this motion is computer generated and consists of 454 words. Counsel is relying on the word count provided by the Word Perfect computer software used to prepare the motion.

/s/ Allen C. Isbell

ALLEN C. ISBELL