Michael Oduro Kwarteng v. State

• Court: Court of Appeals of Texas
• Decided: January 2, 2015
• Docket: 01-13-00909-CR
• Status: Published

Opinion

ACCEPTED 01-13-00909-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 1/1/2015 12:47:47 PM CHRISTOPHER PRINE CLERK

NO. 01-13-00909-CR ________________________________________ FILED IN 1st COURT OF APPEALS In the HOUSTON, TEXAS Court of Appeals 1/2/2015 9:53:00 AM For the CHRISTOPHER A. PRINE First District of Texas Clerk At Houston ________________________________________

No. 1369903 In the 182nd District Court of Harris County, Texas ________________________________________

MICHAEL ODURO KWARTENG, Appellant v. THE STATE OF TEXAS, Appellee

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS OF TEXAS:

COMES NOW MICHAEL ODURO KWARTENG, the Appellant in the

above styled and numbered case, and pursuant to Rules 10.5(b) and 38.6(d) of the

Texas Rules of Appellate Procedure, respectfully moves this Honorable Court to

extend the time to file the Appellant’s brief, and in support thereof would show the

Court as follows:

1 I.

Undersigned counsel was appointed on March 5, 2014.

II.

The deadline for filing the Appellant’s Brief in this case was December 22,

2014.

III.

The Appellant requests a 45-day extension for filing his Brief.

IV.

Two extensions have been granted since counsel was appointed. The

Appellant also filed a pro se motion for extension on February 14, 2014, after

which undersigned counsel was appointed.

V.

The following facts are relied upon to show good cause for the requested

extension:

a. This case involves a guilty plea with a sentencing hearing based on a pre-

sentence investigation report (PSI).

b. The appellant was sentenced to 10 years in prison.

c. The PSI is the most critical document in this appeal and it is currently not in

the record. Counsel is still trying to obtain the PSI.

d. Counsel has been out of town for the Christmas holidays.

2 e. The Appellant’s motion is not for purposes of delay, but so justice may be

done by affording effective assistance of counsel.

WHEREFORE PREMISES CONSIDERED, the Appellant respectfully

requests that this Honorable Court grant an extension of time until February 5,

2015 in which to file the Appellant’s brief in this case.

Respectfully submitted,

__/s/ Emily Detoto____________ EMILY DETOTO State Bar No. 00797876

917 Franklin, 4TH Floor Houston, Texas 77002 (713) 227-2244 (713) 222-5840 (fax) emilydetoto@mac.com

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the Appellant’s Motion for Extension of Time to File Appellant’s Brief was electronically delivered to Mr. Alan Curry, Appellate Division Chief, Harris County District Attorney’s Office, on this 1st day of January 2015.

___/s/ Emily Detoto___ EMILY DETOTO