Scott Niles v. State

Opinion

ACCEPTED 14-15-00498-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 10/6/2015 12:04:08 PM CHRISTOPHER PRINE CLERK NO. 14-15-00498-CR NO. 14-15-00499-CR IN THE COURT OF APPEALS FOR THE FOURTEENTH JUDICIAL DISTRICT14th COURT FILED IN OF APPEALS HOUSTON, TEXAS HOUSTON, TEXAS ___________________________________________ 10/6/2015 12:04:08 PM CHRISTOPHER A. PRINE Clerk SCOTT NILES

V.

STATE OF TEXAS __________________________________________

On Appeal from the Criminal Court at Law # 14 Harris County, Texas Trial Court No. 2018917/2018918 __________________________________________

NILES’ FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLATE BRIEF __________________________________________

Scott Niles, through Neal Davis, files this first motion for an extension of time to

file his brief, showing specifically:

1. Appellant’s brief is due October 12, 2015.

2. Notice of appeal was filed on May 20, 2015. However, a timely motion for

new trial was also filed. The state filed a response to this motion on July 20, 2015, and

Niles responded on July 24, 2015. The trial court, after hearing arguments from both

parties, denied the motion for new trial on July 27, 2015.

3. This Court received the complete record on September 10, 2015, when

both the clerk’s and reporter’s record was filed.

4. Although this is a misdemeanor case the clerk’s record spans over 200 pages and the reporter’s record includes six volumes. Undersigned counsel has not had

adequate time to review the record in this case.

4. In addition to several criminal docket settings virtually every day in the

Harris County Criminal Justice Center, Undersigned has been working on and is

currently working on the following cases:

A. Undersigned counsel had been set for trial Monday, October 6,

2015, in Hays County in the case State v. Mandola. The case was recently

rescheduled but counsel had been preparing for the approaching trial.

B. Undersigned also had a sentencing hearing in State v. Charlie

Wilson, in the 228th District Court, on September 28, 2015. This was a

complex case and substantial preparation was required for the sentencing

hearing.

Niles respectfully requests a 60 day extension to file his appellate brief.

Respectfully submitted,

NEAL DAVIS LAW FIRM, PLLC

____/S/____________

Neal Davis Texas Bar No. 24001117 917 Franklin Street, Suite 600 Houston, Texas 77002 Telephone: (713) 227-4444 Facsimile: (800) 760-7140 LAWYER FOR APPELLANT

2 CERTIFICATE OF SERVICE

I certify that a copy of Niles’ FIRST MOTION FOR EXTENSION OF TIME TO

FILE APPELLATE BRIEF has been delivered via the e-file system to Harris County

Assistant District Attorney Alan Curry on October 6, 2015.

/s/ Neal Davis

3 NO. 14-15-00498-CR NO. 14-15-00499-CR IN THE COURT OF APPEALS FOR THE FOURTEENTH JUDICIAL DISTRICT HOUSTON, TEXAS ___________________________________________

SCOTT NILES

On Appeal from the Criminal Court at Law # 14 Harris County, Texas Trial Court No. 2018917/2018918 __________________________________________

ORDER __________________________________________

Upon considering Niles’ FIRST MOTION FOR EXTENSION OF TIME

TO FILE APPELLATE BRIEF —

It is ordered GRANTED.

Appellant’s brief is due on .

Signed _________ , 2015.

JUDGE PRESIDING