Jesus Gonzalez v. State ( 2015 )

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FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
14-15-00901-CR 10/16/2015 10:14:59 AM
CHRISTOPHER PRINE
CLERK
IN THE
FOURTEENTH COURT OF APPEALS
OF TEXAS October 16, 2015
JESUS GONZALES § CASE NO. _______________
§
§
VS. § On Appeal From Harris County
§ Cause No. 1351489
§ 184th District Court
THE STATE OF TEXAS §
APPELLANT’S MOTION
TO EXTEND TIME TO FILE NOTICE OF APPEAL
Appellant, Jesus Gonzales, moves for an extension of time to file notice of
appeal, under TEX. R. APP. P. 10.5(b) and TEX. R. APP. P. 26.3.
I. TRIAL COURT PROCEEDINGS
On September 1, 2015, Mr. Gonzales was sentenced to 15 years in prison after
the court granted a motion to adjudicate guilt. On October 5, 2015, while in custody,
he mailed a request for a lawyer to be appointed for an appeal. Counsel was appointed
on October 15, 2015.
II. PROCEEDINGS IN THIS COURT
The notice of appeal was due October 1, 2015. Mr. Gonzales’ retained counsel
did not file a notice of appeal, however, and apparently did not notify him that he did
not file it. Appellate counsel is filing this motion within the 15 days permitted by Rule
26.3, on the grounds that Mr. Gonzales had no way to know that his trial counsel did
not file a notice of appeal on his behalf or to know that a notice needed to be filed at
all. Counsel is filing motion this within a day of being appointed, in order to preserve
Mr. Gonzales’ right to an appeal, if he has such right. Because the court’s file already
had been sent to storage, counsel could not determine before the deadline whether or
not Mr. Gonzales has a right to appeal. The clerk has requested the file, but counsel
cannot wait to review it before filing this motion, because today is the last day for filing
the notice of appeal.
III.
In the exercise of due diligence, counsel was unable to file a timely notice of
appeal because she was appointed after the deadline for filing it. This motion is not filed
for purposes of delay, but so that justice may be done.
PRAYER
Appellant respectfully requests that this motion be granted and that the Court
permit an extension of time until October 16, 2015 to file a notice of appeal.
Respectfully submitted,
ALEXANDER BUNIN
Chief Public Defender
Harris County Texas
/s/ Cheri Duncan
______________________________
CHERI DUNCAN
Assistant Public Defender
Harris County Texas
State Bar No. 06210500
1201 Franklin, 13th Floor
Houston Texas 77002
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(713) 368-0016
(713) 368-9278 (Fax)
cheri.duncan@pdo.hctx.net
Attorney for Appellant,
JESUS GONZALES
CERTIFICATE OF SERVICE
I certify that a copy of Appellant’s Motion to Extend Time to File Notice of
Appeal was served electronically on the Appellate Division of the Harris County
District Attorney’s Office, 1201 Franklin St, 6th Floor, Houston, TX on October 16,
2015.
/s/ Cheri Duncan
____________________________________
CHERI DUNCAN
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