Rodney Carnell Mays v. State

Opinion

ACCEPTED 01-13-00805-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 4/10/2015 9:44:47 AM CHRISTOPHER PRINE CLERK

IN THE FIRST COURT OF APPEALS OF TEXAS FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS RODNEY CARNELL MAYS § 4/10/2015 9:44:47 AM § CHRISTOPHER A. PRINE VS. § CASE NO. 01-13-00805-CR Clerk § THE STATE OF TEXAS §

MOTION TO EXTEND TIME WITHIN WHICH TO FILE APPELLATE BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COMES, RODNEY CARNELL MAYS, appellant in the above-styled

and numbered cause, by and through his attorney of record, Daucie Schindler, and

respectfully moves the Court for an extension of time within which to file the

appellate brief, and for cause would show the Court as follows:

I.

Mr. Mays was charged with the misdemeanor offense of assault on a family

member. On September 3, 2013, Mr. Mays entered a plea of not guilty and proceeded

to trial. The judge found Mr. Mays guilty as charged. Mr. Mays’ punishment was

assessed by agreement at fifty-six (56) days in the Harris County jail.

II.

Mr. Mays filed timely notice of appeal. Undersigned counsel, of The Harris

County Public Defender’s Office was appointed to represent Mr. Mays on October 3, 2014.

III.

The appellate brief is due to be filed with the Court on or before April 10,

2015. One previous extension has been requested.

IV.

Undersigned counsel has been working simultaneously on appeal in State v.

Briones, State v. Snavely, State v. Tavarez, State v. Fletcher, State v. Marks, State v.

Umanzor, and State v. Phillips. Counsel is diligently working on the brief in this case,

but requests additional time having only just recognized a meritorious issue and

needing to confer with the client.

V.

This request is made not to delay the proceedings, but to ensure that Mr. Mays

is adequately represented. WHEREFORE, PREMISES CONSIDERED, Mr. Mays respectfully prays that this

motion be granted and that the Court permits an extension of time until May 11,

2015, to file the appellate brief.

Respectfully submitted,

ALEXANDER BUNIN Chief Public Defender Harris County Texas

/s/ Daucie Schindler DAUCIE SCHINDLER Assistant Public Defender Harris County Texas 1201 Franklin, 13th Floor Houston Texas 77002 (713) 368-0016 (713) 368-9278 (Fax) Daucie.Schindler@pdo.hctx.net

Attorney for Appellant, RODNEY CARNELL MAYS

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Appellant’s

Motion to Extend Time within Which to File Appellate Brief was e-mailed to the

Appellate Division of the Harris County District Attorney’s Office on this 10th day of

April, 2015.

/s/ Daucie Schindler DAUCIE SCHINDLER