Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/14/2015 3:25:53 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00279-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 10/14/2015 3:25:53 PM CHRISTOPHER PRINE CLERK No. 01-15-00279-CR In the

Court of Appeals

For the First District of Texas At Houston ♦

No. 1344346

th In the 338 District Court Of Harris County, Texas ♦ Joseph Juan Facundo Appellant

The State of Texas v. Appellee

♦ State’s First Motion for Extension

Of Time to File Brief ♦

To the Honorable Court of Appeals:

The State of Texas, pursuant to T EX . R. A PP . P. 2 & 10.5, moves for an

extension of time in which to file its appellate brief. The following facts are

relevant: 1.

The appellant was indicted for capital murder. (CR 7). The appellant

pleaded not guilty, but a jury found him guilty as charged. (CR 101).

Because the State did not seek the death penalty, the trial court

sentenced the appellant to confinement for life, without the

possibility of parole. (CR 101). The trial court certified the appellant’s

right of appeal, and the appellant filed a timely notice of appeal. (CR 100, 104).

2.

The State’s brief is due on October 14, 2015. The State requests a 30- day extension of time in which to file its brief.

3. This is the State’s first request for extension.

4.

The following facts are relied upon to show good cause for an

extension of time to allow the State to file its brief: a.

This case was assigned to the undersigned attorney on

September 15, 2015. Since then, the undersigned attorney has

worked on the following cases: Ex parte

1. Hugo Steve Ramirez

No. 14-15-00323-CR

Brief due October 21 (two extensions already granted).

2. Judist Lamond Broussard

No. 01-15-00074-CR Brief due October 28 (no further extensions will be granted)

Ex parte

3. Larry Flores

Nos. 14-15-00619-CR & 14-15-00620-CR

Brief filed September 28, 2015

4. Brent Alan Dalton

No. 01-14-00837-CR

Brief filed September 30, 2015

WHEREFORE, the State prays that this Court will grant the requested

extension.

Respectfully submitted, C LINTON A. M ORGAN /s/ C.A. Morgan Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 morgan_clinton@dao.hctx.net TBC No. 24071454 *4 Certificate of Service I certify that I have requested that efile.txcourts.gov electronically serve

a copy of this motion to:

Patrick McCann

writlawyer@justice.com

Dawn Zell Wright

zellwright@zwlaw.us

C LINTON A. M ORGAN /s/ C.A. Morgan Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 morgan_clinton@dao.hctx.net TBC No. 24071454 Date: October 14, 2015