Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/28/2015 9:07:55 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00621-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 5/28/2015 9:07:55 AM CHRISTOPHER PRINE CLERK No. 01-14-00621-CR In the

Court of Appeals

For the First District of Texas At Houston

 No. 1394860

In the 230th Criminal District Court Of Harris County, Texas  TRAVIS BRANDON AYERS 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 230th Criminal District Court of Harris County, Texas, in cause

number 1394860, appellant pled nolo contendere to the offense of

intoxication manslaughter without an agreed punishment recommendation

in The State of Texas v. Travis Brandon Ayers .

2. On July 16, 2014, after a presentence investigation hearing, the trial court

sentenced appellant to confinement in the Texas Department of Criminal

Justice, Correctional Institutions Division, for thirteen years.

3. On July 16, 2014, appellant timely written notice of appeal.

4. Appellant filed his appellate brief with this Court on January 15, 2015.

5. The State did not receive a copy of appellant’s brief, nor notice that

appellant had filed his brief, until March 19, 2015.

6. The State’s appellate brief was due on May 27, 2015.

7. This is the State’s third request for an extension.

8. An extension of time in which to file the State’s appellate brief is requested

until Monday, June 1, 2015.

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

a. The State did not receive a copy of appellant’s brief, nor notice that

appellant had filed his brief, until March 19, 2015.

b. The undersigned attorney was not assigned to appellant’s case until

approximately 5:15 PM on March 20, 2015.

c. During the time in which the undersigned attorney will be researching

and preparing the State’s appellate brief for this case, she will also be

researching and preparing the State’s appellate briefs in the following

cases that are also assigned to her:

i. Ex parte Muhammad S. Ahshan , No. 01-14-00815-CR ii. Victor Todd Williams v. State of Texas ; No. 14-13-00708-CR iii. Ex parte Brent Wayne Justice ; No. 14-14-00951-CR iv. Amina Rose White v. State of Texas ; No. 01-15-00294-CR v. Jesus Tinoco v. State of Texas ; No. 14-14-00973-CR

d. Additionally, the undersigned attorney was required to prepare for

and present oral argument to the Fourteenth Court of Appeals on

Tuesday, May 12, 2015, in the case: Approximately $31,421.00 v.

State of Texas , No. 14-14-00385-CV.

e. And finally, over the weekend of May 23-24, 2015, and continuing on

Monday, May 25, 2015, the Houston area received an inordinate

amount of rainfall which resulted in widespread flash flooding. The

basement of the Harris County Criminal Justice Center (CJC), which

houses the Harris County District Attorney’s Offices, flooded because

of this storm and the CJC was without electricity for some time.

Because of the flooding and power outages, all non-essential staff of

the CJC and the DA’s Office, including the undersigned attorney,

were instructed not to report to work until Thursday, May 28, 2015.

10. As a result of these factors, the undersigned attorney has been unable to

complete the State’s reply brief in this case in the time permitted, despite

due diligence, and the requested extension of time is necessary to permit the

undersigned attorney to adequately investigate, complete, and file the

State’s appellate brief for this cause.

11. The State’s motion is not for purposes of delay, but so that justice may be

done.

WHEREFORE, the State prays that this Court will grant the State a short

and final extension of time, until Monday, June 1, 2015, for the undersigned

attorney to complete and file the State’s appellate brief in this case.

Respectfully submitted, / S / Melissa Hervey M ELISSA P. H ERVEY Assistant District Attorney Harris County, Texas State Bar No. 24053741 1201 Franklin Street, Suite 600 Houston, Texas 77002 Telephone (713) 755-5826 Fax (713) 755-5809 Hervey_Melissa@dao.hctx.net *5 CERTIFICATE OF SERVICE This is to certify that the undersigned counsel has directed the e-filing

system eFile.TXCourts.gov to serve a true and correct copy of the foregoing

document upon Joe David Wells, appellant’s attorney of record on appeal, on May

28, 2015, at the following e-mail address, through the electronic service system

provided by eFile.TXCourts.gov:

joedavidwells@gmail.com

/ S / Melissa Hervey M ELISSA P. H ERVEY Assistant District Attorney Harris County, Texas State Bar Number: 24053741 1201 Franklin Street, Suite 600 Houston, Texas 77002 Telephone (713) 755-5826 Fax (713) 755-5809 Hervey_Melissa@dao.hctx.net