Julia Juarez v. State ( 2015 )

ACCEPTED
01-14-01035-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/19/2015 2:49:55 PM
CHRISTOPHER PRINE
CLERK
NO. 01-14-01035-CR
FILED IN
IN THE 1st COURT OF APPEALS
HOUSTON, TEXAS
5/19/2015 2:49:55 PM
COURT OF APPEALS FOR THE
CHRISTOPHER A. PRINE
Clerk
FIRST DISTzuCT OF TEXAS
IN HOUSTON, TEXAS
JULIA JUAREZ APPELLANT
THE STATE OF TEXAS APPELLEE
APPELLANT'S MOTION FOR EXTENSION
OF TIME TO FILE BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, JULIA JUAREZ, Appellant in the above entitled and numbered cause, and
files this Motion for Extension of Time in which to file her brief and as grounds for the granting of
this motion would show unto the Court as follows:
(1) This cause was styled State of Texas v. JULIA JUAREZ and numbered Cause No.
t422760 in the 230th District Court of Harris Countv. Texas.
(2) Appellant was convicted of Manslaughter on her plea of guilty and punishment was
assessed at 1 4 years in the Texas Department of Criminal Justice by the Court after a pre-sentencing
investigation.
(3) Sentence was imposed on December 22,2014. A motion for new trial was filed.
(4) Notice of Appeal was filed on December 22,2014.
(5) The record was filed on April 22,2015.
(6) The brief is due on May 22,2015.
(l) This is Appellant's First Motion for Extension of Time to file her brief.
(8) An additional thirfy (30) days is required for filing the brief or until June 21,2015.
(9) The facts relied on to reasonably explain the need for additional time to file the brief
are as follows:
"Due to circumstances beyond Appellant's control, she is unable to complete the
briefbythe due date. Appellant's counsei is unable to complete the brief in atimely
fashion because the District Courts of Harris County and Courts of Appeal have
given priority to completion of other work prior to the date on which the brief is due.
Further, it is anticipated that the brief will involve complex legal issues requiring
thorough evaluation. Additional time is therefore needed to provide Appellant with
effective assistance ofcounsel on appeal.
(10) Appellant will suffer irremediable harm if the Court will not grant this motion.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that the Court grant this
motion and extend the deadline for filing Appellant's brief until June 2l , 2015 .
Respectfully submitted,
MICHAEL P. FOSHER
ATTORNEY AT LAW
Michael P. Fosher
State Bar No.: 07280300
The Lyric Centre
440 Louisiana, Ste. 1200
Houston, Texas 1l 002-1636
(713) 22r-18r0
michael@fo sherlaw. com
ATTORNEY FOR APPELLANT
z
STATE OF TEXAS A
$
COLINTY OF HARzuS S
BEFORE ME, the undersigned authority, personally appeared MICHAEL P. FOSHER, who
being by me first duly swom, deposed and stated as follows:
"My name is Michael P. Fosher, and I am the attorney appointed to represent JULIA
JUAREZ on appeal. I have read and understand the content of the foregoing motion
and state that the same is true and correct to the best of my knowledge and belief."
Michael P. Fosher
SWORN TO AND SUBSCzuBED before me this ffi* of /lA-A-4
20t5.
LIC IN AND FOR
THE STATE OF TEXAS
MY COMMISSION EXPIRES: i?{- +0 { ?
CERTIFICATE OF SERVICE
This will certify that a copy of the foregoing motion was served upon Alan Curry,
curry-alan@dao.hctx.net, District Attorney of Harris County, Appellant Division, 1201 Franklin,
Houston, Texas 77002, facsimile no.7I3-755-5809 at the time of filing as per localrule.
Michael P. Fosher