ACCEPTED
01-14-00434-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/2/2015 8:54:58 AM
CHRISTOPHER PRINE
CLERK
No. 01-14-00434-CR
In the
Court of Appeals FILED IN
1st COURT OF APPEALS
For the HOUSTON, TEXAS
First District of Texas 1/2/2015 8:54:58 AM
At Houston CHRISTOPHER A. PRINE
Clerk
No. 1368857
In the 339th District Court
Of Harris County, Texas
ALEX GONZALEZ
Appellant
V.
THE STATE OF TEXAS
Appellee
STATE’S MOTION FOR SECOND EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE COURT OF 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 charged with evading detention in a motor vehicle
committed on November 23, 2012 (CR – 13). He pled “not guilty” to the
charge, and the case was tried to a jury (CR – 152). The jury found him
guilty and assessed punishment at 25 years in prison on May 22, 2014
(CR – 152). The appellant filed notice of appeal that same day, and the
trial court certified that he had the right to appeal (CR – 156-157).
2. The State’s brief is due on December 3, 2014. The State hereby requests
a 30-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 162 megabytes in length split over
nine files and will take a large amount of time to process.
b. The undersigned attorney researched and answered by email the
legal questions of more than thirty-five trial prosecutors since the
appellant filed his brief. The undersigned attorney researched and
answered even more such questions by phone during that time
period. The undersigned attorney is also responsible for
supervising six other appellate prosecutors, and has spent a
substantial amount of time reviewing the briefs of those
prosecutors, attending their oral arguments, and assisting in the
preparation of both during that time period. Finally, the
undersigned attorney has been responsible for training a new
appellate prosecutor, which requires more intense supervision and
editing, and therefore, more of a time commitment.
c. The undersigned attorney was involved in completing the
following written appellate projects since the appellant filed his
brief:
(1) Ismael Trevino v. The State of Texas
No. 14-14-00262-CR
Brief filed November 3, 2014
(2) Linda Lewis v. The State of Texas
No. 01-13-00849-CR
Brief filed November 11, 2014
(3) Cody Carr v. The State of Texas
No. 14-14-00087-CR
Brief to be filed December 22, 2014
(4) Greg Saldinger v. The State of Texas
No. 14-14-00402-CR
Brief to be filed December 24, 2014
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) 755-5826
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:
Nicole DeBorde
Attorney at Law
712 Main Street, Suite 2400
Houston, Texas 77002
Nicole@BSDLawFirm.com
/s/ Eric Kugler
ERIC KUGLER
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
TBC No. 796910
Date: January 2, 2015