No. 01-15-00149-CR

In the 

Court of Appeals 

For the 

First District of Texas 

At Houston 



No. 1974171

In the County Criminal Court at Law No. 4 

Of Harris County, Texas 



JAMES GUZMAN 

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 assault, enhanced 

with a prior conviction for felony assault-family member. (C.R. at 7) 

Appellant pled guilty pursuant to a plea bargain agreement reached 

between himself and the State. (C.R. at 10-11) Appellant was sentenced 

to 120 days in the Harris County Jail with credit for eight days served. 

(C.R. at 16) Appellant timely filed notice of appeal, however the trial 

ACCEPTED

01-15-00149-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/17/2015 12:38:05 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/17/2015 12:38:05 PM CHRISTOPHER A. PRINE Clerk
court did not certify his right to appeal. (C.R. at 19; see C.R. at 23) The

State’s brief was due on April 17, 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. The undersigned attorney was not assigned this brief until

April 10, 2015.

b. Appellant’s appeal in this case is joined by appeals in two 

additional cases: Nos. 01-15-00150-CR and 01-15-00151-CR. 

These briefs were not assigned to the undersigned attorney until 

April 10, 2015.

c. 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) Manuel Nava v. State of Texas

No. 01-14-00628-CR

Brief Due: May 6, 2015

(3) Sammie Davis v. State of Texas

No. 14-14-00778-CR

Brief Due: May 6, 2015

(4) Mark Mahlow v. State of Texas

No. 01-14-00753-CR

Brief Due: May 11, 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 mail

to:

James E. Guzman, pro se

TDC# 01023457; SPN 01125709

Texas Department of Criminal Justice

P.O. Box 99

Huntsville, TX 77342-0099

/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: April 17, 2015