No. 01-14-00575-CR

In the Court of Appeals for the 

First District of Texas at Houston

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No. 1909929

In the County Criminal Court at Law No. 13

Harris County, Texas

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VIBHA HARISH PATEL,

Appellant

v.

THE STATE OF TEXAS,

Appellee

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APPELLANT’S MOTION FOR EXTENSION OF TIME 

IN WHICH TO FILE APPELLATE BRIEF

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TO THE HONORABLE COURT OF APPEALS OF TEXAS:

Appellant Vibha Harish Patel respectfully moves to extend 

the deadline for filing her brief on direct appeal pursuant to 

Rules 2, 10.5(b), 38.6(d), and 37 of the Texas Rules of Appellate 

Procedure. Appellant offers the following in support:

1. On May 22, 2014, the judge of County Criminal Court at 

Law No. 13, Harris County, Texas, imposed a 5-day jail

ACCEPTED

01-14-00575-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

1/22/2015 3:41:03 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/22/2015 3:41:03 PM CHRISTOPHER A. PRINE Clerk
sentence in this case pursuant to a jury’s verdict that 

appellant was guilty of driving while intoxicated.

2. Appellant filed a timely notice of appeal.

3. Appellant’s brief was due January 5, 2015. 

4. Appellant requests an extension of time in which to file 

her brief until February 5, 2015.

5. Appellant has been granted one prior extension of time in 

which to file her brief.

6. The facts relied upon to explain the need for this 

extension are:

a. Counsel has been dealing with a medical issue that 

has taken some time away from his work; and

b. Counsel was out of the office from December 23, 

2014, until January 4, 2015; and

c. Counsel has been in trial, or preparing for trial 

and/or sentencing, in many matters, some of which 

are:

i. United States v. Svetalina Zagon, No. 12-CR00626-SJ in the United States District Court 

for the Eastern District of New York 

(Brooklyn Division);
ii. State of Texas v. John Lancey, No. 1405593 in 

the 184th District Court of Harris County, 

Texas;

iii. State of Texas v. Michael Renteria, No. 1445106 

in the 182nd District Court, Harris County, 

Texas;

iv. State of Texas v. Zachary Smith, No. 30503 in 

the County Court at Law of Chambers County, 

Texas; 

v. United States v. Daniel Romero-Oseguera, No. 

4:14-cr-00094-13 in the United States District 

Court for the Southern District of Texas;

vi. State of Texas v. Courtney Anderson, No. 

1971917 in the County Criminal Court at Law 

No. 7, Harris County, Texas; and

d. During the relevant time period the undersigned 

counsel has been working on numerous postconviction writ matters, some of which are:

i. Ex parte Sarah Leavelle, No. 1397216-A in the 

209th District Court of Harris County, Texas;

ii. Ex parte Javier Castro, No. 1966885 in the 
County Criminal Court at Law No. 6, Harris 

County, Texas; 

iii. Ex parte Robert Hodson, No. 9419321-C in the 

208th District Court of Harris County, Texas;

and

iv. Ex parte Jaime Vasquez, No. 720173 (original 

case) in the 177th District Court of Harris 

County, Texas.

Consequently, additional time will be necessary to file 

appellant’s brief in this matter. 

WHEREFORE, Appellant prays that this Court will grant an 

extension of time until February 5, 2015, in which to file her

appellate brief in this case. 

Respectfully submitted,

/s/ Peyton Z. Peebles III

_______________________________________________________

PEYTON Z. PEEBLES III

CAPITAINE, SHELLIST, PEEBLES

& MCALISTER, L.L.P.

405 Main Street, Suite 200

Houston, TX. 77002
Tel: 713-715-4500

Fax: 713-715-4505 

Email: Peebles@TexasLegalTeam.net

SBOT: 24013307

SPN: 01759419

Counsel for Appellant

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CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the 

foregoing motion was served upon the following party on 

January 22, 2015, through the court’s e-file system:

Assistant District Attorney Alan Curry

Harris County District Attorney’s Office

1201 Franklin, Suite 600

Houston, Texas 77002

(Service through e-file to: curry_alan@dao.hctx.net)

/s/ Peyton Z. Peebles III

_______________________________________________________

PEYTON Z. PEEBLES III