Vincent Edward Broussard v. State

Opinion

ACCEPTED 14-15-00526-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 10/14/2015 3:39:37 PM CHRISTOPHER PRINE CLERK

IN THE FOURTEENTH COURT OF APPEALS OF TEXAS FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS VINCENT EDWARD BROUSSARD § CASE NO. 10/14/2015 14-15-00526CR 3:39:37 PM § CASE NO. CHRISTOPHER 14-15-00527CR A. PRINE § Clerk VS. § On Appeal From Harris County § Cause No. 1444909 & § Cause No. 1447644 § 184TH District Court THE STATE OF TEXAS §

APPELLANT’S MOTION TO EXTEND TIME TO FILE APPELLATE BRIEF

Appellant, Vincent Edward Broussard, moves for an extension of time to file his

appellate brief, under TEX. R. APP. P. 10.5(b).

I. TRIAL COURT PROCEEDINGS

On June 4, 2015, a judge sentenced Mr. Broussard to 45 years and 45 years in

the Institutional Division, TDCJ, after guilty pleas to two charges of aggravated

robbery-deadly weapon. Defendant filed notice of appeal on June 4, 2015.

II. PROCEEDINGS IN THIS COURT

The Appellant’s brief was due October 12, 2015. One previous extension has

been requested.

III.

Since the record was completed, counsel has filed a brief in Eric Samuel Tucker

v. State, Cause No. 01-15-00274-CR, and has been working to complete a brief in Mayer

v. State, Cause No. 14-14-01011-CR, which is subject to abatement. Counsel also has researched and prepared a response to the state’s motion for the juvenile court to waive

jurisdiction after a reversal and remand on appeal in Guerrero v. State, Cause No. 14-

13-00101-CR, for a hearing that ultimately was reset. Counsel also has five other briefs

and one petition for discretionary review this month

IV.

In the exercise of due diligence, counsel was unable to complete the brief by the

deadline, and needs an additional 30 days to file it. This motion is not filed for purposes

of delay, but so that justice may be done.

PRAYER

Appellant respectfully requests that this motion be granted and that the Court

permit an extension of time until November 12, 2015 to file Appellant’s brief.

Respectfully submitted,

ALEXANDER BUNIN Chief Public Defender Harris County Texas

/s/ Cheri Duncan ______________________________ CHERI DUNCAN Assistant Public Defender Harris County Texas SBN 06210500 1201 Franklin, 13th Floor Houston Texas 77002 (713) 368-0016 (713) 368-9278 (Fax) cheri.duncan@pdo.hctx.net 2 Attorney for Appellant, Vincent Edward Broussard

CERTIFICATE OF SERVICE

I certify that a copy of Appellant’s Motion to Extend Time to File Appellate

Brief was served electronically on the Appellate Division of the Harris County District

Attorney’s Office, 1201 Franklin St, 6th Floor, Houston, TX on October 14, 2015.

/s/ Cheri Duncan ____________________________________ CHERI DUNCAN