Joseph Hoeninghaus v. State

ACCEPTED 14-15-00126-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 4/20/2015 4:08:20 PM CHRISTOPHER PRINE CLERK No. 14-15-00126-CR No. 14-15-00127-CR No. 14-15-00128-CR FILED IN No. 14-15-00129-CR 14th COURT OF APPEALS HOUSTON, TEXAS In the 4/20/2015 4:08:20 PM CHRISTOPHER A. PRINE Court of Appeals Clerk For the Fourteenth District of Texas At Houston  No. 1405266 No. 1405276 No. 1428986 No. 1428987 In the 232nd District Court Harris County, Texas  JOSEPH HOENINGHAUS 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 OF TEXAS: COMES NOW THE STATE OF TEXAS, in accordance with Rules 10.5(b)(1) and 38.6(d) of the Texas Rules of Appellate Procedure, and files this motion for extension of time in which to file the State’s brief in this case, and, in support thereof, presents the following: 1. In the 232nd District Court of Harris County, Texas, in cause number 1405266, on May 22, 2014, Appellant was convicted in The State of Texas v. Joseph Hoeninghaus. 2. For the offense of burglary of a habitation, his punishment was assessed at nine years in prison. 3. In the 232nd District Court of Harris County, Texas, in cause number 1405276, on May 22, 2014, Appellant was convicted in The State of Texas v. Joseph Hoeninghaus. 4. For the offense of possession of a controlled substance, his punishment was assessed at nine years in prison. 5. In the 232nd District Court of Harris County, Texas, in cause number 1428986, on May 22, 2014, Appellant was convicted in The State of Texas v. Joseph Hoeninghaus. 6. For the offense of burglary of a habitation, his punishment was assessed at nine years in prison. 7. In the 232nd District Court of Harris County, Texas, in cause number 1428987, on May 22, 2014, Appellant was convicted in The State of Texas v. Joseph Hoeninghaus. 8. For the offense of unauthorized use of a vehicle, his punishment was assessed at nine years in prison. 9. Written notices of appeal were filed on February 2, 2015. 10. Appellant’s brief was filed with this Court on March 11, 2015. 11. The State’s brief was due to be filed with this Court on April 10, 2015. 12. An extension of time in which to file the State’s brief is requested until April 21, 2015. 13. No previous extensions have been granted to the State. 14. The facts relied upon to explain the need for this extension are: The State’s brief in this case is being prepared by the Chief of the Appellate Division. He has numerous other duties in that position. Therefore, additional time has been necessary in order to prepare the State’s brief. WHEREFORE, the State prays that this Court will grant an extension of time until April 21, 2015, in which to file the State’s brief in these cases. Respectfully submitted, /s/ Alan Curry ALAN CURRY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 05263700 curry_alan@dao.hctx.net CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument has been mailed to the appellant at the following addresses on April 20, 2015: Joseph Hoeninghaus SPN # 02425262 Cell # 2G4 701 North San Jacinto Houston, Texas 77002 /s/ Alan Curry ALAN CURRY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 05263700 curry_alan@dao.hctx.net Date: April 20, 2015