Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/16/2015 6:02:15 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00032-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 4/16/2015 6:02:15 PM CHRISTOPHER PRINE CLERK Nos. 01-15-00032-CR & 01-15-00033-CR IN THE COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS JOE EDDIE ALEJANDRO, Appellant VS.
THE STATE OF TEXAS, Appellee APPEAL FROM THE 410 th DISTRICT COURT OF MONTGOMERY COUNTY, TEXAS THE HONORABLE JUDGE SUZANNE STOVALL S/A, PRESIDING
TRIAL DOCKET NO. 12-05-05610-CR (Count II & III) MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:
NOW COMES JOE EDDIE ALEJANDRO , Appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time to file appellant's brief,
pursuant to Rules 10.5(b) & 38.6 of the Texas Rules of Appellate Procedure, and for good
cause shows the following:
1. This case is on appeal from the 410 th Judicial District Court of Montgomery
County, Texas.
2. The case below was styled the STATE OF TEXAS vs. JOE EDDIE
ALEJANDRO , Cause No. 12-05-05610-CR (Count II-III).
3. On November 6, 2014, Appellant was convicted of Aggravated Sexual Assault
of a Child (Count II) and Indecency with child, sexual contact (count III).
4. On November 6, 2014, Appellant was sentenced to confinement in the Texas
Department of Criminal Justice, Institutional Division for 30 years (count II), 10 years
(count III).
5. Notice of appeal was timely filed November 10, 2014.
6. The clerk's record was filed on December 18, 2014; the reporter's record was
filed on March 16, 2015.
7. On January 8, 2015, this cause was transferred to the First Court of Appeals
from the Ninth Court of Appeals.
8. The appellate brief is presently due on April 16, 2015.
9. Appellant requests an extension of time of 60 days from the present date, i.e.
June 16, 2015.
10. There have been no previous extensions to file the brief filed in this cause.
11. Defendant is currently incarcerated.
12. Appellant relies on the following facts as good cause for the requested
extension:
Due to unforeseen circumstances, counsel has relocated her family and law practice
from Conroe, Montgomery County, Texas to El Paso, El Paso County, Texas. El Paso is
almost 800 miles from Conroe.
Moreover, in the last 30 days, counsel was actively working on another appellate
brief, STATE OF TEXAS vs. GUADENCIO AGUILAR MEJIA (09-14-00419-CR; 09-14-
00420-CR; 09-14-00421-CR; 09-14-00422-CR), and counsel filed her appellate brief on April
10, 2015.
As a result, counsel has not had sufficient time to prepare an adequate Appellant’s
brief in this case.
13. This extension is not sought for purpose of delay.
WHEREFORE, PREMISES CONSIDERED , Appellant prays that this Court
grant this Motion To Extend Time to File Appellant's Brief, and for such other and further
relief as the Court may deem appropriate.
Respectfully submitted, /s/ Heather Hall HEATHER HALL State Bar Number: 24026287 HEATHER HALL & ASSOCIATES 308 N. Main Conroe, Texas 77301 conroelaw@gmail.com 936-447-0371 936-647-2592 (Fax) Attorney for Joe Eddie Alejandro CERTIFICATE OF COMPLIANCE This is to certify that this document complies with requirement of Tex. R. App. P.
Rule 9.4(i)(1),(3). According to the computer program used to prepare the document, this
document has the following number words: 393 including footnotes. /s/ Heather Hall
HEATHER HALL *4 CERTIFICATE OF SERVICE This is to certify that on April 16, 2015, a true and correct copy of the above and
foregoing document was served on the District Attorney's Office, Montgomery County by
electronic service.
/s/ Heather Hall HEATHER HALL