Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/23/2015 8:34:52 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00516-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 3/23/2015 8:34:52 AM CHRISTOPHER PRINE CLERK Nos. 01-14-00516-CR, 01-14-00517-CR, 01-14-00518-CR 01-14-00519-CR, 01-14-00520-CR

In the

Court of Appeals For the

First District of Texas At Houston ♦

Nos. 1370904, 1370905, 1370906, 1370907, 1370908

th In the 230 District Court Of Harris County, Texas ♦ HUGO PACHAS-LUNA Appellant

THE STATE OF TEXAS v. Appellee

♦ State’s Third 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: 1.

The appellant was charged in five indictments with different charges

of possession of child pornography. (1 CR 13; 2 CR 13; 3 CR 13; 4 CR

[1]

13; 5 CR 13). The appellant waived his right to a jury trial and pled

not guilty to the trial court. (2 RR 4-8). The trial court found him

guilty as charged. (4 RR 130-31). After a pre-sentence investigation,

the trial court assessed punishment for each case at eight years’

confinement, with the sentences to run consecutively. (5 RR 18; 1

Supp. CR 3-4; 2 Supp. CR 3-4; 3 Supp. CR 3-4; 4 Supp. CR 3-4; 5 Supp.

CR 3-4). The appellant filed timely notices of appeal and the trial court certified his right of appeal. (1 CR 92, 94).

2.

The State’s brief is due on March 23, 2015. The State requests a 30- day extension of time in which to file its brief.

3. This is the State’s third request for extension.

4.

The following facts are relied upon to show good cause for an

extension of time to allow the State to file its brief: a.

Since this Court granted the State’s last motion for extension,

the undersigned attorney has worked on the following matters:

1. Robert Louis Martin

No. 14-14-00730-CV

Brief filed February 25, 2015 *3 2. Jacqualien Grant

Nos. 14-13-01077-CR & 14-13-01078-CR Brief filed February 27, 2015

3. Craig Gilder

No. 14-14-00523-CR

Brief filed March 6, 2015

4. Julio Alvarado

Nos. 01-13-00894-CR & 01-13-00895-CR Brief filed March 19, 2015 b.

To respond to the appellant’s brief, the undersigned attorney

has needed to confer with the trial prosecutor. However, the

trial prosecutor was out of the office for one week during the last month, which delayed work on the State’s brief.

c.

The undersigned attorney was out of the office for a medical

procedure on March 20, 2015.

WHEREFORE, the State prays that this Court will grant the requested

extension.

Respectfully submitted, C LINTON A. M ORGAN /s/ C.A. Morgan 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:

Sarah V. Wood

sarah.wood@pdo.hctx.net

C LINTON A. M ORGAN /s/ C.A. Morgan 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: March 23, 2015

[1] The State will refer to the clerk’s records in the different causes as though they were sequential volumes. Thus the record for 01-14-00516- CR will be 1 CR, the record for 01- 14-00517-CR will be 2 CR, and so on, in numerical order. If the same document appears in all the records, the State will cite to the copy in 1 CR.