ACCEPTED
01-14-00955-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/19/2015 8:30:43 AM
CHRISTOPHER PRINE
CLERK
No. 01-14-00955-CR
In the
Court of Appeals FILED IN
1st COURT OF APPEALS
For the HOUSTON, TEXAS
First District of Texas 3/19/2015 8:30:43 AM
At Houston CHRISTOPHER A. PRINE
Clerk
No. 1383638
In the 177th District Court
Of Harris County, Texas
RANDY ALLEN SEGURA
Appellant
V.
THE STATE OF TEXAS
Appellee
STATE’S 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 capital murder by intentionally
causing the death of Otis James during the course of a robbery, and the
jury found the appellant guilty (CR – 7, 19, 238-39; 5 RR 77). The trial
court sentenced him in accordance with the jury’s verdict to life in prison
without parole in the Texas Department of Criminal Justice, Institutional
Division (CR – 238-39; 5 RR 78). The appellant filed a timely notice of
appeal, and the trial court certified that he had the right to appeal (CR –
242-44). The State’s brief was due on March 19, 2015. This is the State’s
first request for an extension. 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 forty megabytes in length split over
seven volumes and will take some time to process.
b. The undersigned attorney was involved in completing the
following written appellate projects since the appellant filed his
brief:
(1) Jesus Escobar v. The State of Texas
No. 01-13-00496-CR
Brief Due February 2, 2015
(2) Brian Victorian v. The State of Texas
No. 01-13-01004-CR
Brief Due February 11, 2015, ext’d March 16, 2015
(3) Tiquisha Carrol 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 March 19, 2015
(6) Eladio Castro Najera v. The State of Texas
No. 14-14-00400-CR
Brief Due March 23, 2015
(7) Odel Roderick Allen v. The State of Texas
No. 14-14-00708-CR
Brief Due April 10, 2015
(8) James Jones v. The State of Texas
No. 01-14-00415-CR
Brief Due March 27, 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:
Ken Goode
P.O. Box 590947
Houston, TX 77259
(409) 779-3631
GoodeDKC@msn.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: March 19, 2015