Tony Escobar v. State

ACCEPTED 01-14-00593-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 4/27/2015 2:31:55 PM CHRISTOPHER PRINE CLERK No. 01-14-00593-CR In the FILED IN 1st COURT OF APPEALS Court of Appeals HOUSTON, TEXAS for the 4/27/2015 2:31:55 PM First District of Texas CHRISTOPHER A. PRINE Clerk At Houston  No. 1344348 In the 338th District Court Of Harris County, Texas  TONY ESCOBAR Appellant v. THE STATE OF TEXAS Appellee  STATE’S THIRD MOTION FOR EXTENSION OF TIME IN WHICH TO FILE AN 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 an extension of time in which to file the State’s brief in this cause, and, in support thereof, presents the following: 1. Appellant was convicted of capital murder and sentenced to life imprisonment in the Institutional Division of the Texas Department of Criminal Justice. 2. Appellant filed a written notice of appeal on July 3, 2014. 3. The State’s brief was due on April 27, 2015. 4. A final extension of time in which to file the State’s brief is requested until May 12, 2015. 5. The following facts are relied upon to show good cause for the requested extension: i. The undersigned attorney has been engaged in the preparation of the State’s Brief in Cause No. 01-14-00486-CR, Mark Castellano, Appellant v. The State of Texas, Appellee, which was filed on March 31, 2015. ii. The undersigned attorney has been engaged in the preparation of the State’s Brief in Cause No. AP-77039, Jeffrey Keith Prevost, Appellant v. The State of Texas, Appellee, which is due to be filed on June 8, 2015. WHEREFORE, the State prays that this Court will grant an additional extension of time until May 12, 2015 in which to file the State’s brief in this cause. Respectfully submitted, /s/ Heather A. Hudson HEATHER A. HUDSON Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 State Bar No. 24058991 hudson_heather@dao.hctx.net curry_alan@dao.hctx.net CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument has been submitted for service by e-filing to the following address: Wayne T. Hill 4615 Southwest Freeway, Suite 600 Houston, Texas 77027 Tel: (713) 623-8312 Fax: (713) 626-0182 wthlaw@aol.com /s/ Heather A. Hudson HEATHER A. HUDSON Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 State Bar No. 24058991 Date: April 27, 2015