James Tinsley, IV v. State ( 2018 )

ACCEPTED 01-17-00296-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 3/20/2018 12:57 AM CHRISTOPHER PRINE CLERK No. 01-17-00296-CR In the Court of Appeals FILED IN 1st COURT OF APPEALS For the HOUSTON, TEXAS First District of Texas 3/20/2018 12:57:56 AM At Houston CHRISTOPHER A. PRINE  Clerk No. 1468641 In the 230th District Court Of Harris County, Texas  JAMES TINSLEY 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 capital murder. (CRI – 16) Appellant was convicted by a jury and sentenced by the trial court to life in the Texas Department of Criminal Justice, Institutional Division. (CRI – 412) Appellant timely filed notice of appeal and the trial court certified his right of appeal. (CRI – 415-17) 2. The State’s brief was due March 19, 2018. This Court has previously granted three extensions of time for the State to file an appellate brief on December 5, 2017, January 12, 2018, and March 8, 2018. The following facts are relied upon to show good cause for an extension of time to allow the State to file its brief: a. The undersigned attorney has been involved in the following appellate projects during which time the undersigned attorney was assigned State’s appellate brief in this case: 1) Ahmed Salau v. State of Texas No. 14-17-00130-CR Brief filed: December 20, 2017 2) Jesus Rosales v. State of Texas Nos. 14-16-00764/766-CR Supplemental Brief filed: January 11, 2018 3) Dylan Quick v. State of Texas Nos. 14-15-01066/67/68-CR Oral Argument: January 23, 2018 4) Robert Alvarez v. State of Texas No. 01-16-00407-CR Oral Argument: January 24, 2018 5) State of Texas v. Carlos Mora Ex parte Carlos Mora Nos. 01-17-00661/662-CR Oral Argument: February 13, 2018 **undersigned attorney is to submit a post- submission brief for these cases 6) Evan Gamble v. State of Texas No. 01-17-00405-CR Brief Submitted: February 28, 2018 7) State of Texas v. Arelius McGregor Trial court cause no. 1570410 State’s response to defendant’s application for writ of habeas corpus submitted to trial prosecutor: March 16, 2018 **This written project was recently delegated to the undersigned attorney, was time sensitive, and regarded defendant’s constitutionality challenge to Penal Code section 21.16(b). The final response drafted by the undersigned attorney was 16 pages and completion of this response interfered significantly with the undersigned attorney’s ability to complete the State’s brief in this case. 8) Robert Bolden v. State of Texas No. 14-17-00411-CR Brief Due: March 26, 2018 9) In the Matter of C.R. Nos. 01-18-00185/186/187/188-CV Brief Due: May 18, 2018 b. The undersigned attorney has been working diligently to complete and file the State’s brief in this case. However, the undersigned attorney has had to conduct legal research to assist prosecutors with questions related to cases pending in the trial courts. Some questions have required much more extensive research and/or time to answer than others, such as drafting a proposed felony jury charge for a juvenile trial case, for example. Such research has interfered with the undersigned attorney’s ability to complete the State’s brief in this case. WHEREFORE, the State prays that this Court will grant a three-day extension of time, to Thursday, March 22, 2018, 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 (713) 274-5826 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 e- filing to: Mandy Miller Attorney for Appellant mandy@mandymillerlegal.com /s/ Patricia McLean PATRICIA MCLEAN Assistant District Attorney Harris County, Texas (713) 274-5826 McLean_Patricia@dao.hctx.net TBC No.24081687 Date: March 20, 2018