Chadrick Canard Johnson v. State

ACCEPTED 14-14-00278-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 12/29/2014 7:21:35 AM CHRISTOPHER PRINE CLERK No. 14-14-00278-CR In the FILED IN Court of Appeals 14th COURT OF APPEALS HOUSTON, TEXAS For the 12/29/2014 7:21:35 AM Fourteenth District of Texas CHRISTOPHER A. PRINE At Houston Clerk No. 1243451 In the 178th District Court Of Harris County, Texas CHADRICK CANARD JOHNSON 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 178th District Court of Harris County, Texas, in cause number 1243451, The State of Texas v. Chadrick Canard Johnson, Appellant was convicted of murder, and was sentenced to forty five years in the Texas Department of Criminal Justice, Correctional Institutions Division, on March 19, 2014. 2. A written notice of appeal was timely filed on March 19, 2014. 4. The State’s brief was due on December 22, 2014. 5. An extension of time in which to file the State’s brief is requested until January 22, 20145 6. Two previous extensions of time have been requested by the State. 7. The facts relied upon to explain the need for this extension are: The State’s Assistant District Attorney on appeal is finalizing a brief for submission in Ibarra v. State, 14-14-00471-CR. The State’s Assistant District Attorney on appeal was ordered to active duty in the United States Navy from December 26, 2014 through January 4, 2015; this period of active duty service will delay the work on all assigned briefs. Additional time will be necessary to submit previously assigned briefs prior to submission of this brief. WHEREFORE, the State prays that this Court will grant an extension of time until January 22, 2015 in which to file the State’s brief in this case. Respectfully submitted, SETH GAGLIARDI Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 24073207 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument has been emailed and faxed to the attorney for the Appellant on December 29, 2014: Glenn Youngblood 5555 South Loop West, Suite 396 Bellaire, TX 77401 Phone: (713) 432-1013 Fax: (713) 574-3042 Email: glenlaw1@comcast.net SETH GAGLIARDI Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 24073207 Date: December 29, 2014