Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 8/12/2015 4:44:49 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00977-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 8/12/2015 4:44:49 PM CHRISTOPHER PRINE CLERK No. 01-14-00977-CR IN THE COURT OF APPEALS FOR THE

FIRST JUDICIAL DISTRICT OF TEXAS AT HOUSTON

__________________________________

DONALD COREY HILL, APPELLANT v.

THE STATE OF TEXAS, APPELLEE STATE = S MOTION FOR EXTENSION OF TIME TO THE HONORABLE COURT OF APPEALS:

COMES NOW, THE STATE OF TEXAS, by and through the undersigned

Assistant District Attorney, and moves this Court to grant an extension of time for

the State to file its brief in the above styled and numbered cause. In support

thereof, the State would show the following: The Final Clerk = s Record was filed in this case December 30, 2014.

1.

2. The final Reporter’s Record was filed on February 17, 2015.

3. Appellant’s Brief was filed on July 3, 2015. The State s brief is due on August 8, 2015.

4.

5. The State would respectfully request an extension of time to file its

appellate brief.

6. This is the State’s first request for extension of time in this case. The undersigned is one of three attorneys responsible for all appellate

matters for the Fort Bend County District Attorney’s Office and is

involved in the preparation of other direct appeal briefs or post-

conviction writs.

8. A realistic time that the State believes it could have its appellate brief

filed in the present case is November 8, 2015. Therefore, the State would request an extension of time until

November 8, 2015, to file its appellate brief. If there is any way to

complete the State’s brief before that date, the State will forward its

brief to the Court as soon as it is completed.

10. This extension is not sought for the purpose of delay.

WHEREFORE, PREMISES CONSIDERED, the State prays that this

Honorable Court grant this motion and extend the deadline for filing the State s

brief in this case to November 8, 2015.

Respectfully submitted, /s/ John J. Harrity, III JOHN J. HARRITY, III ASST. DISTRICT ATTORNEY Fort Bend County, Texas State Bar Number 09133100 301 Jackson Street, Room 101 Richmond, Texas 77469 Phone: (281) 341-4460 Fax: (281) 238-3340 John.Harrity@fortbendcountytx.gov *3 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing instrument has

been sent to Appellant’s attorney of record, Don A. Hecker, 200 Highway 90A,

Suite B, Richmond, Texas 77479, or via email at dhecker281@aol.com, or via e-

filing on the date of the filing of the original with the Clerk of this Court. /s/John Harrity John Harrity Certificate of Compliance with Texas Rule of Appellate Procedure 9.4(i)(3)

In accordance with Texas Rule of Appellate Procedure 9.4(i)(3), I, John

Harrity, hereby certify that the foregoing electronically created document has been

reviewed by the word count function of the creating computer program, and has

been found to be in compliance with the requisite word count requirement in that

its word count with regard to those portions of the brief subject to the word count

requirement is 486 words.

/s/John Harrity John Harrity