Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 7/1/2015 8:44:10 AM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00338-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 7/1/2015 8:44:10 AM KEITH HOTTLE CLERK
NO. 04-14-00338-CR
BENNY C. VALVERDE, § IN THE FOURTH DISTRICT
Appellant §
§
v. § COURT OF APPEALS
§
STATE OF TEXAS, §
Appellee § SAN ANTONIO, TEXAS
MOTION FOR EXTENSION
OF TIME TO FILE STATE’S BRIEF
TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:
NOW COMES, Nicholas “Nico” LaHood, Criminal District Attorney of Bexar
County, Texas, and undersigned Counsel for the State of Texas, and files this Motion
asking that the Court extend the time for filing the State’s brief.
I.
This case is on appeal from the 227 th District Court of Bexar County, Texas. The
style and number of the case in the trial court is Benny Cavazos Valverde v. The State of
Texas , Cause No. 2012-CR-3980. The deadline for filing the State’s brief is July 1, 2015.
The State seeks an extension of time of up to 31 days until at least August 1, 2015. This
is the State’s first request for an extension of time.
II.
This extension is not sought for the purpose of delaying this appeal. Undersigned
counsel for the State was until recently assigned to another section in the District
Attorney’s Office, assisting with appellate briefs only part time. After a routine rotation
of office personnel, undersigned counsel was assigned to the Appellate Division full time
but had to take over cases left behind by another counsel. As a result, undersigned
counsel is just now getting a chance to review this case for the first time, as well as
working on other appeals. Therefore, counsel respectfully asks that the extension be
granted.
III.
WHEREFORE, PREMISES CONSIDERED, Counsel for the State prays that the
Court grant an extension of time until at least August 1, 2015, for filing the State’s brief.
Respectfully submitted,
NICHOLAS “NICO” LaHOOD
Criminal District Attorney
Bexar County, Texas
___________/ /________________
ANDREW N. WARTHEN
Bexar County, Texas
Paul Elizondo Tower
101 W. Nueva
(210) 335-2414
(On Appeal)
Attorneys for the State
CERTIFICATE OF SERVICE
I, Andrew Warthen, Assistant Criminal District Attorney, Bexar County,
Texas, hereby certify that a true copy of the above and foregoing Motion was
emailed to appellant’s attorneys, John G. Jasuta, at lawyer1@johnjasuta.com, and
David A. Schulman, at zdrdavida@davidschulman.com, on July 1, 2015.
_______/ /_______
A NDREW W ARTHEN
101 West Nueva Street
Voice: (210) 335-2414
Fax: (210) 335-2436
awarthen@bexar.org
Attorney for the State of Texas