Jesse Dimas Alvarado v. State

ACCEPTED 01-14-00857-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 4/13/2015 9:13:35 AM CHRISTOPHER PRINE CLERK No. 01-14-00857-CR In the Court of Appeals FILED IN For the 1st COURT OF APPEALS HOUSTON, TEXAS First District of Texas 4/13/2015 9:13:35 AM At Houston CHRISTOPHER A. PRINE  Clerk No. 1410607 In the 185th District Court of Harris County, Texas  JESSE DIMAS ALVARADO 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 these cases, and, in support thereof, presents the following: 1. In the 185th district court of Harris County, Texas, cause 1410607, the State of Texas v. Jesse Dimas Alvarado, appellant, was convicted of felon in possession of a weapon. 2. He was assessed punishment of confinement for 5 years in the Institutional Division of the Texas Department of Criminal Justice. 3. The State’s brief was due on April 10, 2015. 4. An extension of time in which to file the State’s brief is requested until May 13, 2015. 5. No previous extensions have been requested by the State. 6. The facts relied upon to explain the need for this extension are: Since appellant filed his brief, I have filed briefs in cause numbers 14-14- 00204-CR and 14-14-00777-CR. In addition to the present case, I have 4 briefs assigned to me, am recreating exhibits for an abatement hearing in cause number 14-13-00767-CR, and am preparing for trial on May 4th, 2015 on the State of Texas v. Sidney Darrell in cause number 1421932. I was also out of the country from April 8th to April 12th on vacation. This motion is not sought for delay, but so that justice may be done. WHEREFORE, the State prays that this Court will grant an extension of time until May 13, 2015 in which to file the State’s brief in this case. Respectfully submitted, /s/ Abbie Miles Abbie Miles Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 24072240 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument has been mailed to the appellant’s attorney at the following address on April 13, 2015: Timothy A. Hootman 2402 Pease Street Houston, TX 77003 Thootman2000@yahoo.com /s/ Abbie Miles Abbie Miles Assistant District Attorney Harris County, Texas Date: April 13, 2015