*1 PD-0483-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 4/30/2015 4:30:43 PM Accepted 5/1/2015 11:31:49 AM ABEL ACOSTA No. 01-14-00189-CR CLERK IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS

RUBEN TOTTEN, Appellant v.

THE STATE OF TEXAS, Appellee

Appeal from Harris County

* * * * * STATE’S MOTION TO EXTEND TIME FOR FILING ITS

PETITION FOR DISCRETIONARY REVIEW * * * * *

Lisa C. McMinn

State Prosecuting Attorney

Bar I.D. No. 13803300 Asst. State Prosecuting Attorney P. O. Box 13046

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Comes now the State of Texas, by and through its State Prosecuting Attorney, and respectfully submits to the Court its motion to extend the time for filing its petition for discretionary review to and including the 15 day of May, 2015. It has recently come to our attention that the record may not accurately reflect the testimony that forms the basis of the opinion below. Additional time is required to determine if this can be verified and, if so, what steps must be taken to correct the record. No previous motions to extend the deadline for filing this petition have been filed.

WHEREFORE, the State prays that its motion to extend the time for filing its petition until May 15, 2015, be granted.

Respectfully submitted, JOHN R. MESSINGER P.O. Box 13046 *3 CERTIFICATE OF SERVICE A copy of the foregoing State’s Motion to Extend the Time for Filing its Petition for Discretionary Review has been eFiled or e-mailed on this the 30 day of April, 2015 to:

Alan Curry

Chief, Appellate Division, Harris County District Attorney’s Office

1201 Franklin, Suite 600

Houston, Texas 77002

CURRY_ALAN@dao.hctx.net

Sarah V. Wood

1201 Franklin Street, 13th Floor

Houston, Texas 77002

Sarah.Wood@pdo.hctx.net