Reginald Hutchins v. State

ACCEPTED 01-14-00333-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 1/5/2015 4:34:44 PM CHRISTOPHER PRINE CLERK No. 01-14-00333-CR In the Court of Appeals FILED IN For the 1st COURT OF APPEALS HOUSTON, TEXAS First District of Texas 1/5/2015 4:34:44 PM At Houston CHRISTOPHER A. PRINE  Clerk No. 1388778 In the 230th District Court of Harris County, Texas  REGINALD HUTCHINS 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 these cases, and, in support thereof, presents the following: 1. In the 230th District Court of Harris County, Texas in cause number 1388778, the State of Texas v. Reginald Hutchins, appellant filed a Motion to Suppress. 2. After the trial court denied appellant’s Motion to Suppress, appellant pled guilty and was convicted of possession of a controlled substance. 3. Appellant was sentenced to 5 years in the Texas Department of Criminal Justice Institutional Division. 4. The State’s brief is due on January 8, 2015. 5. An extension of time in which to file the State’s brief is requested until February 8, 2015. 6. Defendant requested, and this court granted, three previous Extensions of Time in Which to File an Appellate Brief (July 9, 2014; September 4, 2014; October 8, 2014). 7. The State requested, and this court granted, one previous Extension of Time in which to File an Appellate Brief (December 6, 2014). 8. The facts relied upon to explain the need for this extension are: On January 2, 2015 I was informed that I would be transferred from my assignment in the domestic violence division, in which I had approximately 200 active cases, to an assigned prosecutor role in a county criminal court at law. I am now primarily responsible for over 500 cases, including all cases in which there is a civilian victim, as well as approximately 25 cases currently set for jury trial. In addition to these responsibilities, I am required to spend more than four hours each day in the courtroom handling each day’s docket. The State will not need any more extensions if this court grants the State’s motion. This motion is not sought for delay, but so that justice may be done. WHEREFORE, the State prays that this Court will grant an extension of time until November 3, 2014 in which to file the State’s brief in this case. Respectfully submitted, /s/ Joe Bramanti Joe Bramanti Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-0657 TBC No. 24081580 bramanti_joe@dao.hctx.net CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument has been served to the appellant’s attorney at the following address on January 5, 2015: Tonya Rolland 4301 Yoakum Blvd. Houston, TX 77006 Fax: 713-453-2203 /s/ Joe Bramanti Joe Bramanti Assistant District Attorney Harris County, Texas bramanti_joe@dao.hctx.net Date: January 5, 2015