Case Information
*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 1/27/2015 5:27:59 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-14-00730-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 1/27/2015 5:27:59 PM CHRISTOPHER PRINE CLERK No. 14-14-00730-CV In the
Court of Appeals
For the Fourteenth District of Texas At Houston
No. 877816
In the 232 nd District Court Of Harris County, Texas ROBERT LOUIS MARTIN 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. The following facts are
relevant: In 2002, the appellant was found not guilty, by reason of insanity, of
aggravated assault. (CR 29, 39). Except for a few months in2007, the
appellant has been involuntarily committed to an inpatient mental
health hospital ever since. (CR 29-30, 68, 71, 94 104, 126, 141, 179).
In May, 2014, the hospital recommended that the appellant be
discharged to an outpatient facility. (CR 154-166). The trial court
held the required annual hearing for the appellant and, after a
hearing, found that he was likely to cause serious harm to others and
renewed the order for the appellant to remain in an inpatient facility
for another year. (CR 179). The appellant filed a notice of appeal and
the trial court certified his right to appeal. (CR 180, 183).
2. The State’s brief is quite late. The State’s brief was due on December
29, 2014. This Court sent out a late-brief notice on January 13, 2015,
and apparently received no reply from the State. On January 21,
2015, this Court sent out notice that this case was set for submission
without a State’s brief. According to this Court’s website, this case
will be submitted for decision on March 17, 2015
3. This case was assigned to the undersigned attorney on January 26,
2015. The prosecutor to whom this case was previously assigned is
no long with the Harris County District Attorney’s Office. Despite the Court having already set the case for submission, the
State requests that this Court grant the State a 30-day extension from
January 26, 2015 to allow the State to submit a brief. This would
produce a deadline of February 25, 2015. The reason 30 days is necessary is that, partly as a result of
personnel changes in the appellate section of the Harris County
District Attorney’s Office, the undersigned attorney already has briefs
due in five other cases, and two of those cases have orders stating
that nor further extensions can be granted. Regrettably, not all of
these cases can be the undersigned attorney’s number one priority,
but, if this motion is granted, the undersigned attorney will ensure
that this Court receives a brief from the State by the proposed
deadline.
WHEREFORE, the State prays that this Court will grant the requested
extension.
Respectfully submitted, /s/ C.A. Morgan C LINTON A. M ORGAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 morgan_clinton@dao.hctx.net TBC No. 24071454 *4 CERTIFICATE OF SERVICE I certify that I have requested that efile.txcourts.gov electronically serve
a copy of this motion to:
Ken Goode
Goodekc@msn.com
/s/ C.A. Morgan C LINTON A. M ORGAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 morgan_clinton@dao.hctx.net TBC No. 24071454 Date: January 27, 2015