ACCEPTED
01-15-00055-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/1/2015 11:35:01 AM
CHRISTOPHER PRINE
CLERK
NO.Ol-15-00055-CR
JOSE PABLO LOPEZ, IN THE COURT OF APPEALS
FILED IN
1st COURT OF APPEALS
APPELLANT HOUSTON, TEXAS
9/1/2015 11:35:01 AM
v. FIRST SUPREME JUDICIAL
CHRISTOPHER A. PRINE
DISTRICT Clerk
THE STATE OF TEXAS,
APPELLEE HOUSTON, TEXAS
MOTION FOR EXTENSION OF TIME TO
FILE STATE'S RESPONSE BRIEF
TO THE HONORABLE COURT OF APPEALS:
Now comes Jack Roady, Criminal District Attorney of Galveston County, Texas,
pursuant to Rule 10.5(b), Texas Rules of Appellate Procedure, and moves for an
extension of time in which to file the State's Brief and would respectfully show the
Coutt of Appeals as follows:
1. The appellant was convicted of CAPITAL MURDER, and was sentenced on
December 11, 2014. The trial case was styled as Slate of Texas v. Jose Pablo LJpe~ in
the 122nd Judicial District Court of Galveston County, Texas, Cause No. 01-CR-
1330. Appellant filed timely Notice of Appeal. The Appellant's brief was filed with
this Court on 8/3/2015.
2. The present due date for filing the State's brief is 9/2/2015.
3. This is the State's first motion for extension of time to file its brie£
4. The State requests an extension to file its brief on or before 11/2/2015.
5. The State requests this extension not for delay but because during the last thirty
days, the undersigned attorney for the State:
t
• Completed a reply brief in Harold Nonvood P. Slate, 01-14-01005-CR on
8/3/2015.
• Completed a reply brief in William Cody Thompsoll v. State, 14-15-00174-
CR& 14-15-00175-CRon 8/7/2015.
• Attended a Capital Murder CLE in Plano, TX from 8/25/2015-
8/28/2015.
• Is solely responsible for all Post-Conviction Writs of Habeas Corpus for
Galveston County and completed 2 post-conviction writ answers on case
numbers: ll-CR-2100-83-2 (Rodney Scott Smith); 09-CR-3398-83-1, 09-CR-
3399-83-1,09-CR-3400-83-1 (Chad Alltho'!Y Brow/I).
6. The State must also complete its response brief to HellTY Tobar P. State, 14-15-00011-
CR, due on 10/14/2015.
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests that this
Court of Appeals extend the time to file the State's brief until November 2, 2015.
Respectfully submitted,
JACK ROADY
CRIMINAL DISTRICT ATTORNEY
GALVESTON COUNTY, TEXAS
lsi Rebecca Klaren
REBECCA KLAREN
Assistant Criminal District Attorney
600 59'h Street, Suite 1001
Galveston County, Texas 77551
Tel.(409)766-2355, fax (409)766-2290
State Bar Number: 24046225
rcbccca.k1 arcn@co.!,ralvcston.tx.lIs
2
CERTIFICATE OF COMPLIANCE
The undersigned Attorney for the State certifies this brief is computer generated,
and consists of 277 words.
lsI Rebecca Klaren
REBECCA KLAREN
Assistant Criminal District Attorney
Galveston County, Texas
CERTIFICATE OF SERVICE
The undersigned attorney for the State certifies that a copy of the above motion
was faxed! emailed! eFiled ! or mailed to Winston Cochran, Attorney for Appellant,
at winsroncochran@comcast.nct or P.O. Box 2945, League City, TX 77574, on
September 1, 2015.
lsI Rebecca Klare/I
REBECCA KLAREN
Assistant Criminal District Attorney
Galveston County, Texas
3
AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF GALVESTON
Before me, the undersigned authority, on September 1, 2015, appeared Rebecca
Klaren, who by me duly sworn did depose and state on oath the following:
"I, Rebecca Klaren, Attorney for the State of Texas, have read the
Motion for Extension of Time to File the State's Brief, and swear that the
information contained therein is true and correct."
':'~:cc C~
REBECCA KLAREN
Assistant Criminal District Attorney
Galveston County, Texas
SWORN TO AND SUBSCRIBED before me on September 1, 2015.
",":~~''!:~~'"
$'~'
·;··('io
i~~"
HEATHER GRUBEN
\1-i, Notory PubtIC. State at Texos
~ ~~
\*':" '::-j My CommIssion Expires NOTARY PUBLIC in and for
'>"Z::':fi.::'$.,"" May 06, 2019
the State of Texas
4