Case Information

*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 2/5/2015 9:18:33 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-14-00435-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 2/5/2015 9:18:33 AM CHRISTOPHER PRINE CLERK No. 14-14-00435-CR In the

Court of Appeals For the Fourteenth District of Texas At Houston No. 1402503 In the 248th District Court Of Harris County, Texas MICHAEL SHAWN RYALS Appellant v.

THE STATE OF TEXAS Appellee STATE’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE APPELLATE BRIEF TO THE HONORABLE COURT OF APPEALS OF TEXAS:

COMES NOW THE STATE OF TEXAS, in accordance with Rules 10.5(b)(1) and

38.6(d) of the Texas Rules of Appellate Procedure, and files this motion for extension of

time in which to file the State’s brief in this case, and, in support thereof, presents the

following:

1. In the 248th District Court of Harris County, Texas, in cause number 1402503,

The State of Texas v. Michael Shawn Ryals, Appellant was convicted of

fraudulent use of identifying information, and was sentenced to 40 years in the

Texas Department of Criminal Justice, Correctional Institutions Division, on May

29, 2014.

2. A written notice of appeal was filed on May 29, 2014.

3. The State’s brief was due on February 5, 2015.

4. An extension of time in which to file the State’s brief is requested until March 5,

2015.

5. Two previous extensions of time have been requested by the State.

6. The facts relied upon to explain the need for this extension are:

The State’s Assistant District Attorney on appeal just finalized and submitted

the brief on Johnson v. State, 14-14-00278-CR. The State’s Assistant District

Attorney on appeal was ordered to active duty in the United State Navy on

January 23, 2015, and relocated to Norfolk, Virginia, to report to Helicopter

Sea Combat Squadron EIGHT FOUR. This relocation and period of

mobilized active duty is expected to last until no earlier than September 30,

2015. This development has delayed progress on this brief, as well as all

previously assigned briefs. The State’s Assistant District Attorney on appeal

will continue to work on this brief, however, additional time is required.

WHEREFORE, the State prays that this Court will grant an extension of time until

March 5, 2015 in which to file the State’s brief in this case.

Respectfully submitted, SETH GAGLIARDI *3 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument has been emailed to the

attorney for the Appellant on February 5, 2015:

Mr. Jerald K. Graber

917 Franklin Street, Suite 510

Houston, TX 77002

Phone: (713) 224-2323

Fax: (713) 227-9900

graberlaw@sbcglobal.net

SETH GAGLIARDI Date: February 5, 2015