PD-0483-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
COURT OF CRIMINAL APPEALS
Transmitted 10/27/2015 9:42:15 AM
Accepted 10/27/2015 10:07:00 AM
October 27, 2015
ABEL ACOSTA
\- TO THE COURT OF CRIMINAL APPEALS
*
^y^ ABELACOSTA. CLERK
CLERK
No. PD-0483-15
Ruben Totten
On appeal from the 230th
vs. District Court of Harris County
Trial Cause Number 1365961
COA #01-14-00189-CR
State of Texas
Appellant's Motion To Extend Time
To File Brief on the Merits
To The Honorable Judges Of The Court Of Criminal Appeals:
COMES NOW, RUBEN TOTTEN, and files this his Motion to Extend Time to File Brief
on the Merits, and in support thereof, would respectfully show the Court the following:
I.
This Court granted the State Prosecuting Attorney's petition for discretionary review
on August 26, 2015. The SPA filed a brief on September 24, 2015. The appellant's brief
was due yesterday on October 26, 2015. No previous motions for extension have been
filed.
II.
Counsel's failure to file within this Court's required period was not deliberate or
intentional. Counsel had intended to finish the brief in the case over the weekend but
unexpectedly became ill and was too sick to work on Monday the 26th as well. Counsel
is filing this motion at her first opportunity upon return to work on Tuesday the 27th.
This motion is in accordance with Texas Rules of Appellate Procedure 10.5(b) and
38.6(d)("A motion to extend the time to file a brief maybe filed before or after the date
the brief is due.").
III.
Counsel additionally requests an extension due to the fact that counsel's illness has
disrupted her work schedule. Our Appellate Division is currently very understaffed as
we are down to 6 attorneys from an original 10 attorneys. We are in the process of
hiring additional attorneys. Counsel has been engaged in work in the Harris County
Public Defender's Office on many cases, include the following:
Lenin Lope^, 01-13-01079-CR, reversed and set for rehearing in cause #1403196
In the Matter of Kevin Compton, 2012-04759J
Felix Irit^arry, 14-14-00827-CR
Stephen Hopper, 14-15-00371-CR
Domingo Medina, 01-15-00575-CR
Frelin Orellana, 14-14-00701-CR
Kori Henegar, 14-15-00529-CR
Pete Rodriguez, 14-15-00339-CR
Craig Beal, 01-12-00896-CR
Corey Nickerson, 01-15-00764-CR through 01-15-00766-CR
Research and writing in preparation for several cases for the trial division of
the Harris County Public Defender's Office.
IV.
Appellant's attorney requests an extension of 15 days, until November 10, which is
necessary so that the brief can be thoroughly written and timely filed. This motion is
not made for the purpose of delay.
PRAYER
Wherefore, Premises Considered, Appellant prays that this Honorable Court
grants this requested extension of time to file the appellant's brief on the merits in the
above cause and extend the time for filing to November 10, 2015.
Respectfully submitted,
Alexander Bunin
Chief Public Defender
Harris County, Texas
/s/Sarah V.Wood
Sarah V Wood
Assistant Public Defender
Harris County, Texas
Texas Bar Number 24048898
1201 Franklin, 13th Floor
Houston Texas 77002
713.368.0016 (phone)
713.368.9278 (fax)
Sarah.Wood@pdo.hctx.net
Attorney for Appellant
Certificate of Service
By my signature below, I hereby certify that a true and correct copy of the above and
foregoing Appellant's Motion to Extend Time to File Brief on the Merits has been
served on the State Prosecuting Attorney and the District Attorney of Harris County,
Texas, via the e-file service:
/s/Sarah V. Wood
Sarah V. Wood