ACCEPTED
01-14-00116-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/13/2015 4:34:16 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00116-CR
In the FILED IN
Court of Appeals 1st COURT OF APPEALS
HOUSTON, TEXAS
For the
3/13/2015 4:34:16 PM
First District of Texas CHRISTOPHER A. PRINE
At Houston Clerk
No. 1849562
In the County Criminal Court at Law Number 10
Harris County, Texas
BENEDICT EMESOWUM
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 County Criminal Court at Law Number 10 of Harris County, Texas, in
cause number 1849562, the Appellant was convicted, on November 12, 2013, in The State
of Texas v. Benedict Emesowum.
2. For the offense of assault of a family member, the Appellant was placed on
probation for one year and assessed a $100.00 fine.
3. After a motion for new trial was timely filed on November 19, 2013, a written
notice of appeal was timely filed on January 1, 2014.
4. The Appellant’s brief was filed with this Court on January 5, 2015.
5. The State’s brief was due to be filed with this Court on February 4, 2015.
6. An extension of time in which to file the State’s brief is requested until March 16,
2015.
7. No previous extension has been granted to the State.
8. The facts relied upon to explain the need for this extension are:
With his numerous duties as Chief of the Appellate Division, the undersigned
assistant district attorney has needed some additional time in order to respond to
the appellant’s brief in this case. The undersigned attorney is also assigned to
prepare the State’s briefs in the following cases:
Jimmy Earl Drummond No. 01-14-00962-CR
Marco Flores No. 14-14-00663-CR
The undersigned attorney has also been called as a witness in the ongoing
hearing on the application for a post-conviction writ of habeas corpus filed by
David Mark Temple. The undersigned attorney has had to testify in this hearing
over several days and was recalled to testify as well.
WHEREFORE, the State prays that this Court will grant an extension of time until
March 16, 2015, in which to file the State’s brief in this case.
Respectfully submitted,
/s/ Alan Curry
ALAN CURRY
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
TBC No. 05263700
curry_alan@dao.hctx.net
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument has been mailed to the
appellant at the following addresses on March 13, 2015:
Benedict Emesowum
P.O. Box 53911
Houston, Texas 77052
/s/ Alan Curry
ALAN CURRY
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
TBC No. 05263700
curry_alan@dao.hctx.net
Date: March 13, 2015