Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/19/2015 8:30:43 AM CHRISTOPHER A. PRINE Clerk
*1 ACCEPTED 01-14-00955-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 3/19/2015 8:30:43 AM CHRISTOPHER PRINE
CLERK No. 01-14-00955-CR In the Court of Appeals For the First District of Texas At Houston No. 1383638 In the 177 th District Court Of Harris County, Texas
RANDY ALLEN SEGURA 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 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 capital murder by intentionally causing the death of Otis James during the course of a robbery, and the jury found the appellant guilty (CR – 7, 19, 238-39; 5 RR 77). The trial court sentenced him in accordance with the jury’s verdict to life in prison without parole in the Texas Department of Criminal Justice, Institutional Division (CR – 238-39; 5 RR 78). The appellant filed a timely notice of *2 appeal, and the trial court certified that he had the right to appeal (CR – 242-44). The State’s brief was due on March 19, 2015. This is the State’s first 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 record in this case is over forty megabytes in length split over seven volumes and will take some time to process. b. The undersigned attorney was involved in completing the following written appellate projects since the appellant filed his brief: (1) Jesus Escobar v. The State of Texas
No. 01-13-00496-CR Brief Due February 2, 2015
(2) Brian Victorian v. The State of Texas No. 01-13-01004-CR Brief Due February 11, 2015, ext’d March 16, 2015 (3) Tiquisha Carrol v. The State of Texas No. 14-14-00178-CR Brief Due February 11, 2015
(4) Manuel Rivera-Sanchez v. The State of Texas No. 01-14-00415-CR Brief Due February 27, 2015
(5) William Delacruz v. The State of Texas No. 01-14-00606-CR Brief Due March 19, 2015
(6) Eladio Castro Najera v. The State of Texas No. 14-14-00400-CR Brief Due March 23, 2015
(7) Odel Roderick Allen v. The State of Texas No. 14-14-00708-CR Brief Due April 10, 2015 (8) James Jones v. The State of Texas No. 01-14-00415-CR Brief Due March 27, 2015
*3 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 (713) 755-5826 Davis_Katie@dao.hctx.net TBC No. 24070242
CERTIFICATE OF SERVICE
*4 This is to certify that a copy of the foregoing instrument will be served by efile.txcourts.gov to: Ken Goode P.O. Box 590947 Houston, TX 77259 (409) 779-3631 GoodeDKC@msn.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: March 19, 2015