Case Information

*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 9/29/2015 8:54:12 AM PAM ESTES Clerk *1 ACCEPTED 12-15-00093-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 9/29/2015 8:54:12 AM Pam Estes CLERK IN THE COURT OF APPEALS FOR THE 12TH DISTRICT OF TEXAS AT TYLER JOSE IGNACIO LOPEZ- §

HERNANDEZ, §

APPELLANT §

v. § No. 12-15-00093-CR

THE STATE OF TEXAS , §

APPELLEE §

STATE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE

ANSWER TO APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW , the State of Texas, by and through her Assistant District

Attorney for Nacogdoches County, and tenders this motion for an extension of

time to file the State’s Answer to Appellant’s Brief, pursuant to Texas Rules of

Appellate Procedure 10.5(b) and 49.2. In support of this motion, the State would

show the following:

I.

The case is styled Jose Ignacio Lopez-Hernandez v. The State of Texas , and

is an appeal from trial in the 420th District Court in Nacogdoches County, Texas,

in cause number F1521498.

II.

Appellant’s brief was filed on August 31, 2015, and the State’s answer in the

instant case is currently due on September 29, 2015. The State respectfully

requests an extension of time to file the State’s answer so that the answer will be

due on October 30, 2015. The State has not previously requested an extension of

time to file an answer.

III.

The extension of time to file is not requested for the purpose of an improper

delay but so that the State might adequately respond to Appellant’s motion. The

State alleges good cause exists for the extension due to counsel’s preparation and

work on other cases, namely:

 The State of Texas v. Decobie Dywain Durden , Cause Number

F1521939, wherein the defendant is charged with the offense of

Capital Murder, is set for trial in the 420 th District Court;

 The State of Texas v. Rynikki Oshay Williams , Cause Number

F1421331, wherein the defendant is charged with Aggravated

Assault with a Deadly Weapon, is set for trial in the 420 th District

Court;

 The State of Texas v. Rena Chonta Fontenot , Cause Number

F1420990, wherein the defendant is charged with Possession of a

Controlled Substance, is set for trial in the 420 th District Court;

 The State of Texas v. Jared Blaine Fogle , Cause Number

F1521649, wherein the defendant is charged with Theft, is set for

trial in the 420 th District Court;

 The State of Texas v. Marvin Earl Tolliver , Cause Number

F1420603, wherein the defendant is charged with Aggravated

Kidnapping, is set for trial in the 420 th District Court;

 Moreover, our office has recently undergone personnel changes,

leaving us with fewer attorneys in the courtroom to share the

caseload.

 Once these matters have been adequately addressed, Appellee will

have sufficient time to devote to this Answer to Appellant’s Brief.

WHEREFORE , premises considered, the State respectfully requests that

the Court grant the instant motion and extend the time for filing the State’s answer

until October 30, 2015.

Respectfully submitted, _______________________ Andrew E. Jones Assistant District Attorney Nacogodoches County, Texas State Bar No. 24073562 101 West Main Street, Ste. 250 Nacogdoches, TX 75961 Phone: (936) 560-7766 FAX: (936) 560-6036 *4 CERTIFICATE OF SERVICE A true copy of the State’s motion has been served via FAX/certified

mail/hand delivery on counsel for Appellant, Reynaldo Morin, on this, the 29th day

of September, 2015.

___________________________ Andrew E. Jones Assistant District Attorney Nacogdoches County, Texas State Bar No. 24073562 101 West Main Street, Ste. 250 Nacogdoches, TX 75961 Phone: (936) 560-7766 FAX: (936) 560-6036