AP-77,051
COURT OF CRIMINAL APPEALS
FILED IN AUSTIN, TEXAS
COURT OF CRIMINALAPPEALS Transmitted 6/14/2016 8:48:02 AM
Accepted 6/14/2016 8:52:07 AM
June 14, 2016 ABEL ACOSTA
No. AP-77,051 CLERK
ABELACOSTA, CLERK In the
Court of Criminal Appeals of Texas
No. 475122
In the 228th District Court
Of Harris County, Texas
WARREN D. RIVERS
Appellant
V.
THE STATE OF TEXAS
Appellee
STATE'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF
IN DEATH PENALTY APPEAL
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
THE STATE OF TEXAS, pursuant to Tex. R. App. P. 2 & 10.5, moves for
an extension of time in which to file its appellate brief and in its motion, would
show the Court the following:
1. The appellant was previously convicted of the capital murder of Carl
Nance committed on May 3, 1987 (CR - 172) (CR Supp. - 129). But he
was granted a new punishment hearing in 2010. See Rivers v. Thaler, 389
Fed. Appx. 360, 361 (5th Cir. 2010). At the conclusion of the most
recent punishment hearing, the jury found that the murder was committed
deliberately, that the appellant was a continuing threat to society, and that
there were insufficient mitigating circumstances to justify only a life
sentence (CR Supp. - 140-144). Therefore, he was sentenced to death on
1
November 18, 2014 (CR - 172). Appeal to this Court is automatic. Tex.
Code Crim. Proc. art. 37.0711 §3(j).
2. The State's brief is due on June 15, 2016. The State hereby requests a
90-day extension for the filing of the State's brief.
3. The following facts are relied upon to show good cause for an extension
of time to allow the State to file its brief:
a. The record in this case is over 300 megabytes in length split over
39 files. Therefore, processing the record with take a substantial
amount of time.
b. The undersigned attorney has researched and answered by email
more than 90 legal questions of trial prosecutors since the appellant
filed his brief. The undersigned attorney researched and answered
even more such questions by phone during that time period.
c. The undersigned attorney has completed the following written
appellate project since the appellant filed his brief:
(1) Gareic Hankston v. The State of Texas
No.PD-0887-15
Brief on PDR filed May 19, 2016
(2) John Buentello v. The State of Texas
No. 01-15-00834-CR
BrieffiledMay27, 2016
(3) Gustavo Vasquez v. The State of Texas
No. 14-15-00380-CR
Brief filed June 13,2016
WHEREFORE, the State prays that this Court will grant the requested extension.
Respectfully submitted,
/s/ Eric Kugler
Eric Kugler
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713)274-5826
Kugler_eric@dao.hctx.net
TBC No. 796910
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument will be served by
efile.txcourts.gov to:
Patrick McCann
Attorney at Law
909 Texas Ave., Suite 205
Houston, Texas 77002
writlawyer@justice.com
/s/ Eric Kugler
Eric Kugler
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713)274-5826
TBC No. 796910
Date: June 14,2016
Rivers, Warren D.
Combined Opinion