Rube Garcia Cantu v. State

Opinion

ACCEPTED 01-15-00443-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 11/30/2015 4:34:23 PM CHRISTOPHER PRINE CLERK

No. 01-15-00443-CR In the FILED IN 1st COURT OF APPEALS Court of Appeals HOUSTON, TEXAS For the 11/30/2015 4:34:23 PM First District of Texas CHRISTOPHER A. PRINE Clerk At Houston ♦

No. 1441765 th In the 230 Criminal District Court Of Harris County, Texas ♦

RUBEN GARCIA CANTU Appellant V. THE STATE OF TEXAS Appellee

♦

STATE’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE APPELLATE BRIEF ♦

TO THE HONORABLE COURT OF APPEALS:

THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 10.1, 10.5(b) & 38.6(d),

moves for an extension of time within which to file its appellate brief. In support

of its motion, the State submits the following:

1. Appellant was charged by indictment with possession of marijuana in a useable quantity of more than four ounces and less than five pounds. 2. After appellant’s motion to suppress was denied, appellant entered a plea of “guilty.”

3. In accordance with a plea agreement with the State, appellant was sentenced to four years’ probation.

4. Appellant filed a written notice of appeal on May 12, 2015.

5. Appellant’s brief was filed August 31, 2015.

6. The State’s brief was due September 30, 2015.

7. The State seeks an extension until today file its brief on this case.

8. The undersigned attorney also filed three briefs in the last 30 days and five more due in the next 30 days.

9. The State’s motion is not for purposes of delay, but so that justice may be done. WHEREFORE, the State prays that this Court will grant the requested

extension until November 30, 2015.

Respectfully submitted,

/s/ Bridget Holloway

BRIDGET HOLLOWAY Assistant District Attorney Harris County, Texas Harris County Criminal Justice Center 1201 Franklin, Suite 600 Houston, Texas 77002 713.274.5826 Texas Bar No. 24025227 holloway_bridget@dao.hctx.net CERTIFICATE OF SERVICE

This certifies the undersigned attorney requested that a copy of this

document be served to appellant’s attorneys via TexFile at the following email on

November 30, 2015:

Mandy Miller Attorney for Appellant Email: mandy@mandymillerlegal.com

BRIDGET HOLLOWAY Assistant District Attorney Harris County, Texas Harris County Criminal Justice Center 1201 Franklin, Suite 600 Houston, Texas 77002 713.274.5826 Texas Bar No. 24025227 holloway_bridget@dao.hctx.net