Page 1 of 5 No . 01
- 15
- 00294 -CV
In the Court of Appeals For the First District of Texas At Houston

      No. 1 884399 In the County Criminal Court at Law Number 15

Of Harris County, Texas

      AMINA ROSE WHITE Appellant
V.
THE STATE OF TEXAS Appellee

      STATE’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE APPELLATE BRIEF

     

TO THE HONORABLE COURT OF APPEALS OF TEXAS: COMES NOW THE STATE OF TEXAS, appellee, in accordance with Rules 10.5(b)(1) and 38.6(d) of the Texas Rules of Appellate Procedure, and files ACCEPTED 01-15-00294-CR FIRST COURT OF APPEALS

HOUSTON, TEXAS 7/1/2015 4:46:35 PM CHRISTOPHER PRINE

CLERKPage 2 of 5

this motion for extension of time in which to file the State’s brief in this case, and, in support thereof, presents the following:
1. In the County Criminal Court at Law Number 15 of Harris County, Texas, in
cause number 1 88439 9 , appellant wa s charged by information with the Class
B misdemeanor offense of theft in The State of Texas v. Amina Rose White

. 2. O n April 30, 2013 , appellant made a plea

- bargain agreement with the State and, pursuant to that agreement, pled guilty to the o ffense as charged

. The trial court agreed to follow the terms of the plea

- bargain agreement and accepted appellant’s plea, but deferred a finding of guilt and ordered that appellant be placed on deferred adjudication community supervision for a
term of si x months.
3. On November 4, 2013, the trial court entered an order discharging appellant from deferred adjudication community supervision and dismissing the proceedings against her

. 4. On January 5, 2015, appellant filed in the trial court a Petition for
Nondis closure of Criminal History Record Information.
5. The trial court denied appellant’s petition for nondisclosure by written order on February 23, 2015.
6. On March 16, 2015, a ppellant timely filed written notice of appeal to challenge the trial court’s denial of appellant’s petition for nondisclosure

.Page 3 of 5

7. Appellant filed her brief with this Court on May 4, 2015

. 8. The State’s appellate brief is due on J uly 3 , 201 5

. 9. This is the State’s s econd request for an extension.
10. The State requests that this Court extend the timefr ame for the filing of the State’s appellate brief to A ugust 3 , 201 5

. 11. The facts relied upon to explain the need for this extension are:

a. D uring the time in which the undersigned attorney will be researching and preparing the State’s appellate brief for this ca se, she will also be researching and preparing the State’s appellate brief s in th e following

case s that are also assigned to her:
i. Ex parte Brent Wayne Justice ; No. 14

- 14

- 00951

- CR
ii. Jesus Tinoco v. State of Texas ; No. 14

- 14

- 00973

- CR
iii. Travis Lamb v. State of Texas ; No. 01

- 14

- 00901

- CR
iv. Ex parte Alicia Brumant ; No

. 14

- 15

- 00337

- CR
b. Further, the undersigned attorney was asked to author an article regarding the recent amendments to the Texas Rules of Evidence, which will be published in the next issue of The Texas Prosecutor , the
bi

- monthly publication of the Texas District & County Attorneys
Association.Page 4 of 5

12. As a result of these factors , 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 undersign ed attorney to adequately investigate, complete , and file the State’s appellate brief for this cause.
13. 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 the State an

ext ension of time , until A ugust 3 , 201 5 , for the undersigned attorney to complete and file the State’s appellate brief in this case

. Respectfully submitted,

/ S / Melissa Hervey
M ELISSA P. H ERVEY Assistant District Attorney Harris Co unty, Texas State Bar No. 24053741 1201 Franklin Street , Suite 600 Houston, Texas 77002 Telephone (713) 755

- 5826 Fax (713) 755

- 5809 Hervey_Melissa@dao.hctx.netPage 5 of 5 CERTIFICATE OF SERVICE

This is to certify that the undersigned counsel has directed the e
- filing system eFile.TXCourts.gov to serve a true and correct copy of the foregoing document upon Ashton Christopher Adair , appellant’s attorney of record on appeal, on J uly 1 , 201 5 , at the following e

- mail address, through the electronic service system p rovided by eFile.TXCourts.gov: ash@houstontxlawyer.com

/ S / Melissa Hervey
M ELISSA P. H ERVEY Assistant District Attorney Harris County, Texas State Bar Number: 24053741 1201 Frankli n Street , Suite 600 Houston, Texas 77002 Telephone (713) 755

- 5826 Fax (713) 755

- 5809 Hervey_Melissa@dao.hctx.net