## FIRST COURT OF APPEALS
01-15-00848-CR Christopher Jack, Appellant v. State of Texas, Appellee

On Appeal from the 183 rd Judicial District Court Harris County, Texas Cause Number 1283618



## Motion to Extend Time to File Appellant’s Brief

Michael Mowla P.O. Box 868 Cedar Hill, TX 75106 Phone: 972-795-2401 Fax: 972-692-6636 michael@mowlalaw.com Texas Bar No. 24048680 Attorney for Appellant ACCEPTED 01-15-00848-CR FIRST COURT OF APPEALS

HOUSTON, TEXAS 11/23/2015 12:59:59 AM CHRISTOPHER PRINE

CLERK2 To the Honorable Justices of the Court of Appeals: Appellant moves for an extension of time of 30 days to file the Appellant’s Brief [ See Tex. Rule App. Proc. 10.5(b) and 38.6(c)]:
1. This case is on appeal from the 183 rd District Court of Harris County,
Texas.
2. The case below is styled the State of Texas v. Christopher Jack , and is numbered 1283618.
3. On April 18, 2012, sentence was imposed in open court.
4. Appellant was convicted of Aggravate Assault with a Deadly Weapon.
5. Appellant is presently on community supervision.
6. Appellant filed an application for writ of habeas corpus under Article 11.072 of the Code of Criminal Procedure seeking an out-of-time appeal, which was granted by the trial court on September 18, 2015. (CR, 140 ). On September 28, 2015, a timely Notice of Appeal was filed. (CR, 138-139).
7. The reporter’s record was filed on November 17, 2015.
8. The clerk’s record was file d on November 13, 2015.
9. The Appellant’s Brief is due on December 17, 2015

. 10. Appellant requests an extension of time of 30 days from the present due date to file the Appellant’s Brief, i.e., until January 16, 2016

.3 11. No previous extension to file the Appellant’s Brief has been fi led.
12. Appellant relies on the following facts as good cause for the r equested extension: during the past week, Attorney for Appellant complet ed a reply brief in Collins v. State, 08-15-00103-CR, in the 8 th Court of Appeals, which is a complex murder case. Further, Attorney for Appellant also filed a brie f in Geiger v. State, 08-15-00213-CR, also in the 8 th Court of Appeals
13. Further, Attorney for Appellant h as the following briefs, petit ions for discretionary review, or other pleadings due soon:

 United States v. Carroll, 3:15-cv-03521-N, Brief in support of motion under 28 U.S.C. § 2255, due November 30, 2015 in the Northern District of Texas.

 United States v. Ziba, 15-10873, appellant’s brief due on December 16, 2015 in the Fifth Circuit.

 Ex parte Juarez , 34946-CR, writ of habeas corpus scheduled to be filed on December 31, 2015 in the 40 th District Court, which is a continued challenged to a sente nce based on the holdings in Miller v. Alabama , 132 S.Ct. 2455 (2012).

 Nguyen v. State , 06-15-00127-CR, appellant’s brief due on January 4, 2016 in the Sixth Court of Appeals.

 Lowe v. State , PD-1427-15, PDR due on January 4, 2016 in the Court of Criminal Appeals.
14. In addition, Mowla has been working on two complex death penalt y habeas cases - Ex parte Thomas , F86-85539, in the 194 th Judicial District Court, and Green v. Director , 3:15-cv-02197-M-BH, in the No rthern District of Texas.4 15. Finally, Attorney for Appellant c ontinues work on several other habeas cases involving the underlying issue in Miller v. Alabama , 132 S.Ct. 2455 (2012).
16. Attorney for Appellant has a responsibility to provide Appellan t with the effective assistance of appellate counsel, see Evitts v. Lucey , 469 U.S. 387, 392 (1985), and Attorney for Appellant believes that that the addit ional time is necessary to provide such effective appellate counsel.
17. Attorney for Appellant thus reque sts the extension so that he m ay properly prepare the Appellant’s Brief.
18. This Motion is not filed for purposes of delay, but so that jus tice may be served. Prayer Appellant prays that this motion for extension of time to file the Appellant’s Brief be granted. Respectfully submitted, Michael Mowla P.O. Box 868 Cedar Hill, TX 75106 Phone: 972-795-2401 Fax: 972-692-6636 michael@mowlalaw.com Texas Bar No. 24048680 Attorney for Appellant5 /s/ Michael Mowla Michael Mowla
Certificate of Service I certify that on November 23, 2015, a true and correct copy of this document was served on Alan Curry of the Harris County District Attorney’s O ffice, Appellate Division, 1201 Franklin Street Suite 600, Houston, Texas 77002, by email to curry_alan@dao.hctx.net

.

/s/ Michael Mowla Michael Mowla