ACCEPTED
14-14-00701-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
6/15/2015 2:12:22 PM
CHRISTOPHER PRINE
CLERK
No. 14-14-00701-CR
In the
Court of Appeals FILED IN
14th COURT OF APPEALS
For the HOUSTON, TEXAS
Fourteenth District of Texas 6/15/2015 2:12:22 PM
At Houston CHRISTOPHER A. PRINE
Clerk
No. 1397962
In the 177th District Court
Of Harris County, Texas
FRELIN DANILO ORELLANO
Appellant
V.
THE STATE OF TEXAS
Appellee
STATE’S MOTION FOR SECOND 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 robbery of Maria Estrada
committed on August 13, 2013 (CR – 15). He pled “not guilty” to the
charge, and the case was tried to a jury (CR – 183). The jury found the
appellant guilty and sentenced him to 20 years in prison on August 22,
2014 (CR – 183). The appellant filed notice of appeal three days later,
and the trial court certified that he had the right to appeal (CR – 186-
188).
2. The State’s brief was originally due on May 15, 2015, but this Court
granted an extension until June 15, 2015. The State hereby requests a
second 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 eighteen megabytes in length split
over seven volumes and will take some time to process.
b. The undersigned attorney researched and answered by email more
than 80 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 is responsible for supervising six other
appellate prosecutors, and has spent a substantial amount of time
reviewing the briefs of those prosecutors, attending their oral
arguments, and assisting in the preparation of both during that time
period. The undersigned attorney has also been responsible for
training two new appellate prosecutors, which requires more
intense supervision and editing, and therefore, more of a time
commitment.
d. The undersigned attorney has been involved in completing the
following written appellate project since the appellant filed his
brief:
(1) Elder Somoza v. The State of Texas
No. 01-14-00716-CR
Brief filed April 15, 2015
(2) In the Interest of B.D.S. v. The State of Texas
No. 01-14-00762-CV
Brief filed April 28, 2015
(3) Jose Vasquez v. The State of Texas
No. PD-0078-15
Brief on PDR filed May 12, 2015
(4) Antonio Perez v. The State of Texas
No. 01-12-01001-CR
PDR filed May 12, 2015
(5) Johnathan Castaneda v. The State of Texas
No. 01-14-00389-CR
No. 01-14-00390-CR
Brief filed May 18, 2015
(6) 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:
Sarah Wood
Assistant Public Defender
Harris County, Texas
1201 Franklin, 13th Floor
Houston, Texas 77002
Sarah.wood@pdo.hctx.net
/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 15, 2015