Harold Earl Reed v. State

ACCEPTED 01-15-01080-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 4/19/2016 3:18:41 PM CHRISTOPHER PRINE

CLERK

CAUSE NO. 01-15-01080-CR

HAROLD EARL REED, § IN THE COURT OF APPEALS

FILED IN 1st COURT OF APPEALS

Appellant § HOUSTON, TEXAS

VS. § IN HOUSTON, TEXAS

4/19/2016 3:18:41 PM § CHRISTOPHER A. PRINE

THE STATE OF TEXAS, § Clerk

1st JUDICIAL DISTRICT Appellee

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW, HAROLD EARL REED, Appellant, and files this Motion for Extension of Time to File Appellant's Brief, pursuant to Rules 10.5(b) and 38.6(d), Texas Rules of Appellate Procedure. In support of this Motion, Appellant would show the following:

I.

Appellant’s brief was due to be filed on April 18, 2016. Counsel for Appellant requires an extension of one (1) day within which to complete and file Appellant’s brief in this cause. This is Appellant’s second request for extension of time.

II.

Counsel for Appellant has worked diligently on the brief since receiving the record, but has been unable to complete it for the following reasons:

1. Counsel for Appellant’s office was closed on April 19, 2016 due to the flash flood emergency in Harris County, Texas and surrounding areas.

III.

This request is not made for the purpose of delay, but rather this request is made to allow counsel adequate time to prepare Appellant’s Brief. Appellant moves this Court for an order granting an extension of one (1) day, or until April 19, 2016 for Appellant to submit the brief in this case.

WHEREFORE, PREMISES CONSIDERED, Appellant moves this Court for an order granting an extension of one (1) day for Appellant to submit the brief in this case.

Respectfully submitted, /s/ Nicole DeBorde NICOLE DEBORDE TBA No. 00787344 712 Main Street, Suite 2400 Houston, Texas 77002 Telephone: (713) 228-8500 Facsimile: (713) 228-0034 Email: [email protected] COUNSEL FOR APPELLANT, HAROLD EARL REED

CERTIFICATE OF COMPLIANCE

Pursuant to Rule 9 of the Texas Rules Appellate Procedure, the undersigned counsel of record certifies that the motion contains 481 words.

/s/ Nicole DeBorde NICOLE DEBORDE

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Motion for Extension of Time to File Appellant's Brief was delivered via email to Alan Curry, ([email protected]) to the Harris County District Attorney's Office, Appellate Division, 1201 Franklin, Suite 600, Houston, Texas 77002 on this the 19th day of April, 2016.

/s/ Nicole DeBorde NICOLE DEBORDE

CAUSE NO. 01-15-01080-CR

HAROLD EARL REED, § IN THE COURT OF APPEALS

Appellant § VS. § IN HOUSTON, TEXAS

§

THE STATE OF TEXAS, § 1st JUDICIAL DISTRICT

ORDER

On this the _____ day of _______________, 201___, came on to be heard the Appellant's Motion for Extension of Time to File Appellant's Brief and the Court is of the opinion that this Motion should be:

GRANTED, and the deadline for filing the Appellant's brief in Cause No. 01- 15-01080-CR is extended to ____________________, 201__.

DENIED, to which action of the Court the Appellant objects.

SIGNED this the _____ day of _______________, 201__.

__________________________________ JUDGE PRESIDING