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 MOTION FOR EXTENSION OF TIME TO FILE BRIEF 



TO THE HONORABLE COURT OF APPEALS: 

 THE STATE OF TEXAS, pursuant to TEX. R. APP. 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

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/11/2015 3:05:26 PM CHRISTOPHER A. PRINE Clerk
appellant’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 

for the State to file a reply brief on April 10, 2015. The following facts 

are relied upon to show good cause for an 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 undersigned attorney was involved in the following written 

appellate projects during the time the undersigned attorney was 

assigned State’s reply brief in this case:

(1) Gary Martins 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

No. 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 the 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

PATRICIA MCLEAN

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
CERTIFICATE OF SERVICE 

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

Richard Oliver

Attorney for Appellant

rickoliverlaw@gmail.com

/s/ Patricia McLean

PATRICIA MCLEAN

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