Isreal Montoya Alcaraz v. State

ACCEPTED 01-14-00675-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 6/23/2015 2:47:29 PM CHRISTOPHER PRINE CLERK No. 01-14-00675-CR No. 01-14-00676-CR FILED IN 1st COURT OF APPEALS In the HOUSTON, TEXAS Court of Appeals 6/23/2015 2:47:29 PM For the CHRISTOPHER A. PRINE Clerk First District of Texas At Houston ♦ Nos. 1394947 & 1394948 In the 174th Criminal District Court Of Harris County, Texas ♦ ISRAEL MONTOYA ALCARAZ 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: THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 10.1, 10.5(b) & 38.6(d), moves for an extension of time within which to file its appellate brief. In support of its motion, the State submits the following: 1. Appellant was charged with one count of aggravated sexual assault of a child and one count of possession of child pornography. 2. Appellant entered a plea of “guilty” to both charges. 3. After a PSI hearing, appellant was sentenced to confinement for 50 years and 10 years respectively. 4. Appellant filed a written notice of appeal on July 17, 2014. 5. Appellant’s brief was filed February 3, 2015. 6. The State’s brief was due March 5, 2015. 7. The State seeks an extension until today, June 23, 2015, to file its brief. 8. The following facts are relied upon to show good cause for the requested extension: a. The undersigned attorney has filed 3 briefs in the last 30 days and has 5 more briefs due in the next 30 days. b. In the last several months, the undersigned attorney has attended three funerals out of town, two of which were close family members. Additionally, the undersigned attorney took time off for a sick family pet that passed away a month ago. c. The State’s motion is not for purposes of delay, but so that justice may be done. WHEREFORE, the State prays that this Court will grant the requested extension until June 23, 2015. Respectfully submitted, /s/ Bridget Holloway BRIDGET HOLLOWAY Assistant District Attorney Harris County, Texas Harris County Criminal Justice Center 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 Texas Bar No. 24025227 holloway_bridget@dao.hctx.net CERTIFICATE OF SERVICE This certifies the undersigned attorney requested that a copy of this document be served to appellant’s attorneys via TexFile at the following email on June 23, 2015: Angela L. Cameron Assistant Public Defender Email: angela.cameron@pdo.hctx.net /s/ Bridget Holloway BRIDGET HOLLOWAY Assistant District Attorney Harris County, Texas Harris County Criminal Justice Center 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 Texas Bar No. 24025227 holloway_bridget@dao.hctx.net