ACCEPTED
01-13-01004-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/10/2015 2:39:55 PM
CHRISTOPHER PRINE
CLERK
No. 01-13-01004-CR
In the
Court of Appeals FILED IN
1st COURT OF APPEALS
For the HOUSTON, TEXAS
First District of Texas 2/10/2015 2:39:55 PM
At Houston CHRISTOPHER A. PRINE
Clerk
No. 1363644
In the 182nd District Court
Of Harris County, Texas
BRIAN VICTORIAN
Appellant
V.
THE STATE OF TEXAS
Appellee
STATE’S SECOND MOTION FOR 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 State charged the appellant with one count of aggravated sexual
assault of a child under fourteen years of age enhanced by one prior
felony conviction, and the jury found the appellant guilty (CR –7-8, 18,
1364, 136-37; 6 RR 4-5). The trial court sentenced him to forty-five years
in the Texas Department of Criminal Justice, Institutional Division (CR –
136-37; 7 RR 11-12). The appellant filed a timely notice of appeal, and
the trial court certified that he had the right to appeal (CR – 139-40). The
State’s brief was due on February 11, 2014. This is the State’s second
request for extension of time. The following facts are relied upon to show
good cause for an extension of time to allow the State to file its brief:
a. This brief was not assigned to the undersigned attorney until
December 22, 2014.
b. The record in this case is over eleven megabytes in length split
over nine volumes and will take some time to process.
c. The undersigned attorney was involved in completing the
following written appellate projects since the appellant filed his
brief:
(1) Terrio Holiday v. The State of Texas
No. 14-14-00467-CR
Brief Due January 20, 2015
(2) Jesus Escobar v. The State of Texas
No. 01-13-00496-CR
Brief Due February 2, 2015
(3) Tiquisha Carroll v. The State of Texas
No. 14-14-00178-CR
Brief Due February 11, 2015
(4) Manuel Rivera-Sanchez v. The State of Texas
No. 01-14-00415-CR
Brief Due February 27, 2015
(5) William Delacruz v. The State of Texas
No. 01-14-00606-CR
Brief Due February 16, 2015
(6) Eladio Najera v. The State of Texas
No. 14-14-00400-CR
Brief Due February 19, 2015
Consequently, the undersigned attorney has been unable to complete
the State’s reply brief in this case in the time permitted despite due
diligence, and the requested extension of time is necessary to permit
the undersigned attorney to adequately investigate, complete, and
file the State’s appellate brief for this cause. 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 a thirty day extension of
time for the undersigned attorney to complete and file the State’s appellate brief in
this case
Respectfully submitted,
/s/ Katie Davis
KATIE DAVIS
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
Davis_Katie@dao.hctx.net
TBC No. 24070242
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument will be served by
efile.txcourts.gov to:
Kurt B. Wentz
5629 Cypress Creek Parkway
Suite 115
Houston, TX 77069
kbsawentz@yahoo.com
/s/ Katie Davis
KATIE DAVIS
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
Davis_Katie@dao.hctx.net
TBC No. 24070242
Date: February 10, 2015
Brian Victorian v. State
Combined Opinion