Case Information

*1 PD-0372-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/3/2015 4:42:05 PM Accepted 9/3/2015 5:00:00 PM ABEL ACOSTA CAUSE NUMBER PD-0372-15 CLERK IN THE COURT OF CRIMINAL APPEALS OF TEXAS LUIS SANCHEZ, Appellant V.

STATE OF TEXAS, Appellee On Petition for Discretionary Review from the Eleventh Court of Appeals, Eastland Case No. 11-12-00279-CR On appeal from the 161 st Judicial District Court of Ector County, Texas Trial Court Cause Number B-37,135 STATE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF TO THE HONORABLE COURT OF APPEALS :

COMES NOW THE STATE, THE STATE OF TEXAS , by and through

the Honorable R.N. (Bobby) Bland, Ector County District Attorney, and Michael

Bloch, Assistant District Attorney, and files this Motion for Extension of Time to

File its Brief in accordance with the Texas Rules of Appellate Procedure, and in

support thereof, would respectfully show this Honorable Court as follows:

I. STATEMENT OF THE CASE This appeal involves a bench trial that resulted in a Judgment of Conviction

by Court filed on September 21, 2012. Appellant perfected his appeal by timely

filing his Notice of Appeal on or about September 25, 2012. On or about March 5,

2015, the Eleventh Court of Appeals affirmed Appellant’s conviction. On or about

April 19, 2015, Appellant timely filed his petition for discretionary review. This

Court granted Appellant’s petition for discretionary review on July 1, 2015.

II. BASIS FOR REQUEST FOR EXTENSION (A) Appellant’s Brief was filed on August 18, 2015. Tex. R. App. Pro.

38.6(b). The deadline for the State to file its Brief is September 17, 2015, or 30

days after Appellant’s Brief was filed.

(B) The State avers that the brief is not yet completed.

(C) The State therefore requests an extension of fifteen (15) days to file its

brief, until and including October 2, 2015.

(D) The need for extension is based on the following:

The undersigned ADA is solely responsible for post-conviction appeals. In the

past two weeks, the undersigned has researched, drafted and filed a brief before the

11 th Court of Appeals: 11-15-00112-CR; Ted Clinton Murray v. State. The

undersigned is also currently researching and drafting another brief before the 11 th

Court of Appeals: 11-15-00026-CR; Jonathan Cole Porter v. State. The

undersigned has also recently completed responses to habeas writs: C-42,151;

Scott Allen Chapman, and C-26,276; Manuel Salazar-Balderas.

With regard to the instant case, The State would ask this Court to grant it an

additional fifteen (15) days to respond to Appellant’s Brief.

(E) This is the first request for an extension of time the State has requested

in connection with this appeal.

CONCLUSION & PRAYER Therefore, based on the above, the State of Texas requests that this Court

grant the State an extension of fifteen (15) days within which to file its brief in this

matter, until October 2, 2015.

Respectfully Submitted, Michael Bloch Assistant District Attorney Ector County District Attorney’s Office Ector County Courthouse 300 N. Grant, Room 305 Odessa, Texas 79761 (432) 498-4230 Phone (432) 498-4293 Fax michael.bloch@ectorcountytx.gov Attorney for the State of Texas By: /s/ Michael Bloch_____________________ Michael Bloch State Bar No. 24009906 Assistant District Attorney CERTIFICATE OF SERVICE I certify that on this 3 rd day of September, 2015, a copy of the foregoing

State’s First Motion for Extension of Time to File its Brief was served via efile to

counsel for Appellant, M. Michele Greene, 2833 Wildwood, Odessa, Texas 79761

/s/ Michael Bloch__________________ Michael Bloch Assistant District Attorney *5 CERTIFICATE OF COMPLIANCE I certify that the foregoing Motion consists of 581 words and is typed in 14-

point Times New Roman font.

/s/ Michael Bloch_____________________ Michael Bloch Assistant District Attorney 5