Leonard Charles Hicks v. State

ACCEPTED 14-14-00263-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 1/5/2015 4:33:27 PM CHRISTOPHER PRINE CLERK No. 14-14-00263-CR In the FILED IN 14th COURT OF APPEALS Court of Appeals HOUSTON, TEXAS For the 1/5/2015 4:33:27 PM Fourteenth District of Texas CHRISTOPHER A. PRINE Clerk At Houston  No. 1373854 nd In the 262 Criminal District Court Of Harris County, Texas  LEONARD CHARLES HICKS 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: THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 10.1, 10.5(b) & 38.6(d), moves for an extension of time within which to file its appellate brief. In support of its motion, the State submits the following: 1. Appellant was charged with aggravated sexual assault of a child. 2. Appellant entered a plea of “not guilty.” 3. A jury found appellant guilty as charged and later sentenced appellant to confinement for 65 years. 4. Appellant filed a written notice of appeal on March 5, 2014. 5. Appellant’s brief was filed September 22, 2014. 6. The State’s brief is due October 20, 2014. 7. The State seeks an extension until January 19, 2015, to file its brief. 8. The following facts are relied upon to show good cause for the requested extension: a. The undersigned attorney has filed the following seven briefs in the last 60 days: Reply to Petition for Writ of Certiorari in the Supreme Court of the United States in Cole v. State of Texas, No. 14- 6343; Reply to Appellant’s Brief on Discretionary Review in Salinas v. State, PD-0419-14; Brief on Remand from the Court of Criminal Appeals in McClintock v. State, No. 01-11-00572-CR; Petition for Discretionary Review in Ex parte Bowman, PD-1375-14; State’s Brief on Discretionary Review in State v. Le, PD-0605-14; and State’s Brief in Domingaux v. State, No. 14-14-00122-CR and Royston v. State, No. 14-13-00920-CR. b. The undersigned attorney currently has five more briefs due in the next 30 days and is currently working on the State’s brief in this case. c. The State’s motion is not for purposes of delay, but so that justice may be done. WHEREFORE, the State prays that this Court will grant the requested extension until January 19, 2015. Respectfully submitted, /s/ Bridget Holloway BRIDGET HOLLOWAY Assistant District Attorney Harris County, Texas Harris County Criminal Justice Center 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 Texas Bar No. 24025227 holloway_bridget@dao.hctx.net CERTIFICATE OF SERVICE This certifies the undersigned attorney requested that a copy of this document be served to appellant’s attorneys via TexFile at the following email on January 5, 2015: Michael P. Fosher Attorney at Law Email: Michael@fosherlaw.com /s/ Bridget Holloway BRIDGET HOLLOWAY Assistant District Attorney Harris County, Texas Harris County Criminal Justice Center 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 Texas Bar No. 24025227 holloway_bridget@dao.hctx.net