William Marks v. State

Opinion

ACCEPTED 14-15-00065-cr FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 9/18/2015 1:50:53 PM CHRISTOPHER PRINE CLERK

IN THE FOURTEENTH COURT OF APPEALS OF TEXAS FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS WILLIAM MARKS § 9/18/2015 1:50:53 PM § CHRISTOPHER A. PRINE VS. § CASE NOs. 14-15-00064-CR, Clerk § 14-15-00065-CR & THE STATE OF TEXAS § 14-15-00066-CR

MOTION TO EXTEND TIME WITHIN WHICH TO FILE APPELLATE BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COMES, WILLIAM MARKS, 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. Marks was convicted of three counts of violating the private securities act on

January 7, 2015. That same day, this court assessed his punishment at a probated

sentence of one (1) year in the Harris County Jail in each count. Mr. Marks was

represented at trial by Brian Coyne, while the State was represented by Assistant

District Attorney Heyward Carter. The Honorable Judge Pam Derbyshire presided

over the entirety of the trial proceedings. II.

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

County Public Defender’s Office was appointed to represent Mr. Marks on January

22, 2015. Mr. Mark’s filed a Motion for new Trial on February 3, 2015. The Motion

for New Trial was denied by the trial court.

III.

The appellate brief is due to be filed with the Court on or before September 18,

2015. No previous extensions have been requested.

IV.

Counsel has been working simultaneously on the Appellant’s Briefs in Paul

Briones v. State, Martinez v. State, Tavarez v. State, Edwards v. State, Rodriguez v.

State, and Wiggins v. State. Additionally, counsel has been working on the Petitions

for Discretionary Review in Earvin v. State and Fletcher v. State and the Motion for

new Trial on State v. Branch. Counsel is diligently working on the brief in this case,

but requests additional time to research and confer with the client.

V.

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

is adequately represented.

WHEREFORE, PREMISES CONSIDERED, Mr. Marks respectfully prays that this

motion be granted and that the Court permits an extension of time until October 19,

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, WILLIAM MARKS

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 18th day of

September, 2015.

/s/ Daucie Schindler DAUCIE SCHINDLER