ACCEPTED
01-15-00096-cr
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/19/2015 8:58:09 AM
CHRISTOPHER PRINE
CLERK
No. 01-15-00096-CR
In the
Court of Appeals FILED IN
1st COURT OF APPEALS
For the HOUSTON, TEXAS
First District of Texas 5/19/2015 8:58:09 AM
At Houston CHRISTOPHER A. PRINE
Clerk
No. 1452387
In the 337th District Court
Of Harris County, Texas
JAMES WILLIS BEN
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 appellant was charged with the possession of more than four grams
of cocaine committed on February 5, 2014 (CR – 9). He pled “not
guilty” to the charge, and the case was tried to a jury (CR – 250). The
jury found the appellant guilty and sentenced him to 35 years in prison on
January 22, 2015 (CR – 250). The appellant filed notice of appeal that
same day, and the trial court certified that he had the right to appeal (CR
– 249, 253).
2. The State’s brief is due on May 20, 2015. The State hereby requests a
30-day extension for the filing of the State’s brief.
3. 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 nearly 30 megabytes in length split over
eight volumes and will take some time to process.
b. The undersigned attorney researched and answered by email more
than 50 legal questions of trial prosecutors since the appellant filed
his brief. The undersigned attorney researched and answered even
more such questions by phone during that time period.
c. The undersigned attorney has been involved in completing the
following written appellate project since the appellant filed his
brief:
(1) In the Interest of B.D.S. v. The State of Texas
No. 01-14-00762-CV
Brief filed April 28, 2015
(2) Jose Vasquez v. The State of Texas
No. PD-0078-15
Brief on PDR filed May 12, 2015
(3) Antonio Perez v. The State of Texas
No. 01-12-01001-CR
PDR filed May 12, 2015
(4) Johnathan Castaneda v. The State of Texas
No. 01-14-00389-CR
No. 01-14-00390-CR
Brief filed May 18, 2015
WHEREFORE, the State prays that this Court will grant the requested extension.
Respectfully submitted,
/s/ Eric Kugler
ERIC KUGLER
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
Kugler_eric@dao.hctx.net
TBC No. 796910
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument will be served by
efile.txcourts.gov to:
Thomas A. Martin
Attorney at Law
1018 Preston, Suite 500
Houston, TX 77002-1824
tmartin@justice.com
/s/ Eric Kugler
ERIC KUGLER
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
TBC No. 796910
Date: May 19, 2015