No. 01

- 14 -00753- CR In the Court of Appeals For the First District of Texas At Houston
 No. 1931546 In the County Criminal Court at Law No. 4 Of Harris County, Texas
 MARK MAHLOW Appellant V. THE STATE OF TEXAS Appellee
 STATE’S MOT ION FOR EXTENSION OF TIME TO FILE BRIEF

 TO THE HONORABLE COURT OF APPEALS:

THE STATE OF TEXAS, pursuant to T EX

. R. A PP

. P. 2 & 10.5, moves for

an extension of time in which to file its appellate brief and in its motion, would

show the Court the following:

1. The State charged appellant by information with driving while

intoxicated. (C.R. at 6) Appellant was found guilty by a jury and was

sentenced by the trial court to 180 days in the Harris County Jail and a
$750.00 fine, probated for one year. (C.R. at 57-58; 5 R.R. at 4)

Appellant timely filed notice of appeal and the trial court certified he had

the right to appeal. (C.R. at 63-65) Appellant moved for a new trial and ACCEPTED 01-14-00753-CR FIRST COURT OF APPEALS

HOUSTON, TEXAS 5/11/2015 3:05:26 PM CHRISTOPHER PRINE

CLERKappellant ’ s request was denied by the trial court. (C.R. at 72

- 98; Motion

for New Trial R.R. at 34) The State ’ s brief was due on May 11, 2015.

This Court has previously granted one prior motion for extension of time

fo r the State to file a reply brief on April 10, 2015

. The foll owing facts

are relied upon to show good cause for a n extension of time to allow the

State to file its brief :

a. Appellant raises multiple issues and points of error that require additional time to process in order for the State to adequately respond.

b. The under signed attorney was involved in the following written appellate projects during the time the undersigned attorney was assigned State’ s reply b rief in this c ase :
(1 ) Gary Martin s v. State of Texas No. 14

- 14

- 00688

- CR Brief Due: May 4, 2015 Brief Submitted: April 17, 2015

(2 ) James Guzman v. State of Texas No. 01

- 15

- 00149

- CR N o. 01

- 15

- 00150

- CR No. 01

- 15

- 00151

- CR Brief Due: May 18 , 2015 Response Filed: April 24, 2015

(3 ) Manuel Nava v. State of Texas No. 01

- 14

- 00628

- CR Brief Due: May 6, 2015 Brief Submitted: May 6, 2015(4 ) Demetrus Horton v. State of Texas No. 01

- 14

- 00993

- CR Brief Due: May 21, 2015

(5 ) Sammie Davis v. State of Texas No. 14

- 14

- 00778

- CR Brief Due: June 5 , 2015

( 6 ) Ricardo Pena v. State of Texas No. 01

- 14

- 803

- CR No. 01

- 14

- 804

- CR Brief Due: May 18 , 2015

Consequently, the undersigned attorney has been unable to complete the State’s reply brief in this case in the time permitted despite due diligence , and t he requested extension of time is necessary to permit the undersigned attorney to adequately investigate, complete , and file the State’s appellate brief for this cause. 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 a thirty day extension of

time for the undersigned attorney to complete and file the State’s appellate brief in

this case

.

Respectfully submitted,

/s/ Patricia McLean P ATRICIA M C L EAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002

- 1923 (713) 755

- 5826 McLean_Patricia @dao.hctx.net TBC No. 24081687CERTIFIC ATE OF SERVICE

This is to certify that a copy of the foregoing instrument will be served by e

filing to :

Richard Oliver Attorney for Appellant rickoliverlaw@gmail.com

/s/ Patricia McLean P ATRICIA M C L EAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002

- 1923 (713) 755

- 5826 McLean_Patricia @dao.hctx.net TBC No. 24081687 Date: May 11 , 2015