ACCEPTED
14-14-00435-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
2/5/2015 9:18:33 AM
CHRISTOPHER PRINE
CLERK
No. 14-14-00435-CR
In the FILED IN
Court of Appeals 14th COURT OF APPEALS
HOUSTON, TEXAS
For the
2/5/2015 9:18:33 AM
Fourteenth District of Texas CHRISTOPHER A. PRINE
At Houston Clerk
No. 1402503
In the 248th District Court
Of Harris County, Texas
MICHAEL SHAWN RYALS
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 248th District Court of Harris County, Texas, in cause number 1402503,
The State of Texas v. Michael Shawn Ryals, Appellant was convicted of
fraudulent use of identifying information, and was sentenced to 40 years in the
Texas Department of Criminal Justice, Correctional Institutions Division, on May
29, 2014.
2. A written notice of appeal was filed on May 29, 2014.
3. The State’s brief was due on February 5, 2015.
4. An extension of time in which to file the State’s brief is requested until March 5,
2015.
5. Two previous extensions of time have been requested by the State.
6. The facts relied upon to explain the need for this extension are:
The State’s Assistant District Attorney on appeal just finalized and submitted
the brief on Johnson v. State, 14-14-00278-CR. The State’s Assistant District
Attorney on appeal was ordered to active duty in the United State Navy on
January 23, 2015, and relocated to Norfolk, Virginia, to report to Helicopter
Sea Combat Squadron EIGHT FOUR. This relocation and period of
mobilized active duty is expected to last until no earlier than September 30,
2015. This development has delayed progress on this brief, as well as all
previously assigned briefs. The State’s Assistant District Attorney on appeal
will continue to work on this brief, however, additional time is required.
WHEREFORE, the State prays that this Court will grant an extension of time until
March 5, 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 to the
attorney for the Appellant on February 5, 2015:
Mr. Jerald K. Graber
917 Franklin Street, Suite 510
Houston, TX 77002
Phone: (713) 224-2323
Fax: (713) 227-9900
graberlaw@sbcglobal.net
SETH GAGLIARDI
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
TBC No. 24073207
Date: February 5, 2015