Richard Contreras, Sr. v. State

ACCEPTED 01-14-00758-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 6/12/2015 11:53:05 AM CHRISTOPHER PRINE CLERK No. 01-14-00758-CR In the Court of Appeals FILED IN 1st COURT OF APPEALS For the HOUSTON, TEXAS First District of Texas 6/12/2015 11:53:05 AM At Houston CHRISTOPHER A. PRINE  Clerk No. 1401233 In the 230th District Court Of Harris County, Texas  RICHARD CONTRERAS 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 aggravated sexual assault of a child committed on July 1, 2013 (CR – 15). He pled “guilty” to the charge (CR – 23-32). The trial court sentenced him to 50 years in prison on June 10, 2014 (CR – 38). The appellant filed a motion for new trial that same day, which was denied on August 15 (CR – 41-46). The appellant then filed a notice of appeal on September 4, 2014, and the trial court certified that he had waived his right to appeal (CR – 34, 57). 2. The State’s brief is due on June 12, 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 over 130 megabytes in length split over ten files 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) Johnathan Castaneda v. The State of Texas No. 01-14-00389-CR No. 01-14-00390-CR Brief filed May 18, 2015 (2) Griselda Aza v. The State of Texas No. 14-14-00241-CR No. 14-14-00242-CR Brief to be filed June 26, 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: Michael Driver Attorney at Law 402 Main, 4th floor Houston, TX 77002 Mikedriverlaw@gmail.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: June 12, 2015