ACCEPTED
01-14-00895-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/7/2015 11:34:55 AM
CHRISTOPHER PRINE
CLERK
NO.Ol-14-00895-CR
LAMAR MARCELL HUNTER, IN THE COURT OF APPEALS
FILED IN
APPELLANT 1st COURT OF APPEALS
HOUSTON, TEXAS
5/7/2015 11:34:55 AM
v. FIRST SUPREME JUDICIAL
CHRISTOPHER A. PRINE
DISTRICT Clerk
THE STATE OF TEXAS,
APPELLEE HOUSTON, TEXAS
MOTION FOR EXTENSION OF TIME TO
FILE STATE'S RESPONSE BRIEF
TO THE HONORABLE COURT OF APPEALS:
Now comes Jack Roady, Criminal District Attorney of Galveston County, Texas,
pursuant to Rule 10.5(b), Texas Rules of Appellate Procedure, and moves for an
extension of time in which to file the State's Brief and would respectfully show the
Court of Appeals as follows:
1. The appellant was convicted of AGGRAVATED SEXUAL ASSAULT OF A
CHILD, and was sentenced on 8/28/2014. The trial case was styled as State of
Texas v. L:zmar Marcell HI/Ilfer, in the 10th Judicial District Court of Galveston
County, Texas, Cause No. 12-CR-1921. Appellant filed timely Notice of Appeal.
The Appellant's brief was filed with this Court on 3/13/2015.
2. The present due date for filing the State's brief is 5/7/2015.
3. This is the State's first motion for extension of time to file its brief.
4. The State requests an extension to file its brief on or before 7/7/2015.
5. The State requests this extension not for delay but because during the last seventy-
1
five days, the undersigned attorney for the State:
• Completed a State's response brief in Jordan Bllrdick v. State, 14-14-00573-
CR on March 19,2015.
• Completed a State's response brief in Broderick Grimes v. State, 01-14-
00661-CR on March 26, 2015.
• Completed a State's resply brief in Hector Pel/a v. State, 14-14-00746-CR on
April 27 , 2015.
• Completed a State's response brief in Lyndon Fears v. State, 01-14-00773-
CR on May 6, 2015.
• Handled 94 expunctions and nondisclosures, and
misidentification expunctions.
• Completed 7 post-conviction writ answers on case numbers: 08-
CR-2004-83-2 (Cheryl Letf); 13-CR-0151-83-1 (Gllillermo MlIno~; 11-
CR-0345-83-1 (Mario Meza); 00-CR-1444-83-1 (Eldred Reid); 12-CR-
3307-83-1 (Thaddms Williams); 10-CR-1217-83-7 (Thomas Florence);
13-CR-3260-83-1 (jmnifer Adrian).
• Investigated an actual innocence post-conviction writ 09-CR-1419-
83-1, Ex Parte: John Spmcer Baker, Jf.; filed the answer in this case on
March 19, 2015; and filed the supplemental answer on April 29,
2015.
6. The State must also complete its response brief to Uonel Franklill v. State, 14-
14-00559-CR, due on 5/18/2015.
7. The State must also complete its supplemental brief to JOllathan Leal v. State,
14-13-00208-CR, due on 5/22/2015.
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests
that this Court of Appeals extend the time to file the State's brief until July 7, 2015.
2
Respectfully submitted,
JACK ROADY
ClUMI ALDISTlUCT ATTORNEY
G TON COUNTY, TEXAS
s riminal District Attorney
th
600 59 Street, Suite 1001
Galveston County, Texas 77551
Tel.(409)766-2355, fax (409)766-2290
State Bar Number: 24062850
allison.lindblade@co.ga!veston.tx.us
CERTIFICATE OF COMPLIANCE
The undersigned Attorney for the State certifies this brief is computer generated,
and consists of 360 words.
A'fJ~~MI INDBLADE
'AlilSls"tant Criminal Dis trict Attorney
Galveston County, Texas
3
CERTIFICATE OF SERVICE
The undersigned attorney for the State certifies that a copy of the above morion
was faxed/ emailed/ eFiled / or mailed to Kyle Verrett, Attorney for Appellant, at
kyle@verret.t1aw.com or 2029 Strand, Suite 3, Galveston, TX 77550, on May 7, 2015.
mtl¥tt'Criminai District Attorney
..............ston County, Texas
4
AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF GALVESTON
Before me, the undersigned authority, on May 7, 2015, appeared Allison
Lindblade, who by me duly sworn did depose and state on oath the following:
"I, Allison Lindblade, Attorney for the State of Texas, have read
the Motion for Extension of Time to File the State's Brief, and swear that
e and correct."
sistant Criminal District Attorney
Galveston County, Texas
SWORN TO AND SUBSCRIBED before me on May 7, 2015.
Q~h:1~
NOTARY PUBLIC in and for
the State of Texas
e•
•••
r..AnlERlNEN.E9ON
:' MY COMMISSION EXPIRES
Februaly19.al17
5