### 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 Count y 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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### APP ELL ANT’S MOTION FOR EXTENSI O N OF TIME IN W H ICH 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
Rule s 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

CLERKsentence 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 wa s due January 5, 2015

. 4. Appellant requests an extension of time in which to file
her brief until February 5 , 201 5

. 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

- CR

00626

- 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,

T exas; 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 t he undersigned
counsel has been working on numerous post

conviction 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 theCounty 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 p rays that this Court will grant an extension of time until February 5 , 201 5 , in which to file her

a ppellate brief in this case.
Respectfully submitted, /s/ Peyton Z. Peebles III

____________________________________________ _________ __ P EYTON Z. P EEBLES III

C APITAINE , S HELLIST , P EEBLES & M C A LISTER , L.L.P. 405 Main Street, Suite 200 Houston, TX. 77002Tel: 713

- 715

- 4500 Fax: 713

- 715

- 4505 Email: Peebles@TexasLegalTeam.net SBOT: 24013307 SPN: 01759419 Counsel for Appellant

******************** ************************************* 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

____________________________________________ _________ __ P EYTON Z. P EEBLES III