No. 01

- 15 -001 49

- 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
 STA TE’S MOTION 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 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

CLERKcourt did not certify his right to appeal

. (C.R. at 19 ; see C.R. at 23 ) The

State’s brief wa s due on April 17 , 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. The undersigned attorney was not assigned this br ief until April 10, 2015

.

b. Appellan t ’ 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 assig ned State’ s reply b rief in this c ase :

(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 Du e: May 6, 2015 (4 ) Mark Mahlow v. State of Texas No. 01

- 14

- 00753

- CR B rief 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 t he requested extension of time is necessary to permit the undersigned attorney to adequately investigate, complete , andfile 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

.

Resp ectfully 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. 24081687CERTIFICATE OF SERVICE

Th is 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 P ATRICIA M C L EAN Assistant District Attorney Harris Coun ty, Texas 1201 Franklin, Suite 600 Houston, Texas 77002

- 1923 (713) 755

- 5826 McLean_Patricia @dao.hctx.net TBC No. 24081687 Date: April 17 , 2015