Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/29/2015 3:34:13 PM CHRISTOPHER A. PRINE Clerk
*1 ACCEPTED 01-14-00294-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 4/29/2015 3:34:13 PM CHRISTOPHER PRINE CLERK No. 01-14-00294-CR In the Court of Appeals For the First District of Texas At Houston No. 1392793 In the 179 th District Court Of Harris County, Texas
ALBERT TORRES NIEVES Appellant V. THE STATE OF TEXAS Appellee STATE’S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF TO THE HONORABLE COURT OF APPEALS:
THE STATE OF TEXAS, pursuant to T EX . R. A PP . 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. The State charged the appellant with aggravated sexual assault of a child, and the jury found the appellant guilty (CR – 9, 277, 286-87; 8 RR 4). The trial court sentenced him in accordance with the jury’s verdict to ten years in prison in the Texas Department of Criminal Justice, Institutional Division (CR – 285; 8 RR 38). The appellant filed a timely notice of appeal, and the trial court certified that he had the right to *2 appeal (CR – 289-91). The State’s brief was due on April 29, 2015. This is the State’s second request for an extension. 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 State received the appellant’s brief late. b. This brief was not assigned to the undersigned attorney until
March 30, 2015. c. The record in this case is over twenty-three megabytes in length split over ten volumes and will take some time to process. d. The undersigned attorney was involved in completing the following written appellate projects since the appellant filed his brief: (1) Manuel Rivera-Sanchez v. The State of Texas
No. 01-14-00415-CR Brief Due February 27, 2015
(2) Brian Victorian v. The State of Texas No. 01-13-01004-CR Brief Due March 16, 2015
(3) William Delacruz v. The State of Texas No. 01-14-00606-CR Brief Due March 19, 2015 (4) Eladio Castro Najera v. The State of Texas No. 14-14-00400-CR Brief Due March 23, 2015
(5) Odel Roderick Allen v. The State of Texas No. 14-14-00708-CR Brief Due April 10, 2015, ext’d to May 11, 2015
(6) Randy Segura v. The State of Texas No. 01-14-00955-CR Brief Due April 20, 2015
*3 (7) James Jones v. The State of Texas No. 14-14-00404-CR Brief Due April 27, 2015
(8) Jeremy Dugar v. The State of Texas No. 14-14-00245-CR Conviction reversed on April 9, 2015 Wrote a response to appellant’s bail request on
April 24, 2015 Considered filing a Motion for Rehearing due April 24, 2015 Preparing Petition for Discretionary Review Due May 9, 2015. (11) Jose A. Dominguez v. The State of Texas No. 14-14-00652-CR Brief Due May 6, 2015
Consequently, the undersigned attorney has been unable to complete the State’s reply brief in this case in the time permitted despite due diligence, and the requested extension of time is necessary to permit the undersigned attorney to adequately investigate, complete, and file the State’s appellate brief for this cause. The State’s motion is not for purposes of delay, but so that justice may be done.
WHEREFORE, the State prays that this Court will grant a thirty day extension of time for the undersigned attorney to complete and file the State’s appellate brief in this case
Respectfully submitted, /s/ Katie Davis K ATIE D AVIS Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 *4 (713) 755-5826 Davis_Katie@dao.hctx.net TBC No. 24070242
CERTIFICATE OF SERVICE
*5 This is to certify that a copy of the foregoing instrument will be served by efile.txcourts.gov to: Joe David Wells PO Box 2064 Houston, TX 77252 (281) 410-8778 joedavidwells@gmail.com
/s/ Katie Davis K ATIE D AVIS Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 Davis_Katie@dao.hctx.net TBC No. 24070242
Date: April 29, 2015