No. 01-14-00248-CR

In the 

Court of Appeals 

For the 

First District of Texas 

At Houston 



No.1861254

In County Criminal Court at Law No. 5 

Of Harris County, Texas 



BRADY KOCH, JR. 

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. Appellant was charged by information with driving while intoxicated, enhanced 

with one prior conviction for driving while intoxicated. (C.R. at 8) Appellant 

was convicted by a jury and was sentenced by the trial court to one year in the 

Harris County Jail, probated for two years of community supervision. (C.R. at 

91, 96-97) Appellant timely filed notice of appeal and the trial court certified 

his right of appeal. (C.R. at 99-102) The State’s Reply Brief was due on July 

ACCEPTED

01-14-00248-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

7/27/2015 2:42:49 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/27/2015 2:42:49 PM CHRISTOPHER A. PRINE Clerk
27, 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 July 14, 

2015.

b. The undersigned attorney has also been involved in the following 

written appellate projects during the time the undersigned attorney 

was assigned State’s reply brief in this case:

(1) Oliver Cruise v. State of Texas

No. 01-14-00833-CR

Brief Due: August 11, 2015

(2) Jason Conway v. State of Texas

No. 01-14-00659-CR

Brief Due: August 19, 2015

(3) Demetrus Horton v. State of Texas

No. 01-14-00993-CR

Brief Due: July 22, 2015

Brief Submitted: July 23, 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 efiling to:

Emily Detoto; Megan Smith

Attorneys for Appellant

emilydetoto@mac.com;

megan@megansmithlaw.com

/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: July 27, 2015