No. 01-14-00993-CR

In the 

Court of Appeals 

For the 

First District of Texas 

At Houston 



No.1387050

In the 178th District Court 

Of Harris County, Texas 



DEMETRUS HORTON 

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 indictment with possession of a controlled substance 

between one and four grams, enhanced with two prior felony convictions. 

(C.R. at 12) Appellant was convicted by a jury and was sentenced by 

agreement to twenty-five years in the Texas Department of Criminal Justice, 

Institutional Division. (C.R. at 115-16; 3 R.R. at 116) Appellant timely filed 

notice of appeal and the trial court certified his right of appeal. (C.R. at 119-21) 

ACCEPTED

01-14-00993-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

7/22/2015 4:38:18 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/22/2015 4:38:18 PM CHRISTOPHER A. PRINE Clerk
The State’s Reply Brief was due on July 22, 2015. This Court has previously 

granted two prior motions for extension of time to file the State’s Reply Brief 

on May 21, 2015, and June 22, 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. Appellant raises multiple points of error that require additional 

time to process in order for the State to adequately respond.

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) Ricardo Pena v. State of Texas

No. 01-14-00803-CR

No. 01-14-00804-CR

Brief Due: June 17, 2015

Brief Submitted: June 17, 2015

(2) James Guzman v. State of Texas

No. 01-15-00149-CR

No. 01-15-00150-CR

No. 01-15-00151-CR

Brief Due: June 16, 2015

Brief Submitted: June 16, 2015

(3) Oliver Cruise v. State of Texas

No. 01-14-00833-CR

Brief Due: August 11, 2015

(4) Sammie Davis v. State of Texas

No. 14-14-00778-CR

Brief Due: July 6, 2015

Brief Submitted: July 6, 2015
(5) Jason Conway v. State of Texas

No. 01-14-00659-CR

Brief Due: August 19, 2015

(6)

(7) 

Mark Mahlow v. State of Texas

No. 01-14-00753-CR

Brief Due: July 10, 2015

Brief Submitted: July 8, 2015

Brady Koch v. State of Texas

No. 01-14-00248-CR

Brief Due: July 27, 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:

Tom Moran

Attorney for Appellant

tom6294@aol.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 22, 2015