ACCEPTED
01-14-00886-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/22/2015 10:53:23 AM
CHRISTOPHER PRINE
CLERK
No. 01-14-00886-CR
In the
Court of Appeals FILED IN
1st COURT OF APPEALS
For the HOUSTON, TEXAS
First District of Texas 9/22/2015 10:53:23 AM
At Houston CHRISTOPHER A. PRINE
♦ Clerk
No. 1389543
In the 248th District Court
Of Harris County, Texas
♦
ANA MARIA GONZALEZ-ANGULO
Appellant
V.
THE STATE OF TEXAS
Appellee
♦
STATE’S MOTION FOR FINAL 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 assault of her boyfriend,
Dr. George Blumenschein, by poisoning him with ethylene glycol on
January 27, 2013 (CR – 23). She pled “not guilty” to the charge, and the
case was tried to a jury (CR – 155). The jury found her guilty and
assessed punishment at ten years in prison on September 29, 2014 (CR –
155). The appellant filed notice of appeal one month later, and the trial
court certified that she had the right to appeal (CR – 158, 160).
2. The State’s brief was originally due on July 24, 2015, but this Court
granted an extension until September 22, 2015. The State hereby
requests a final 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 45 megabytes in length split over 20
files. The trial testimony consisted of more than 30 witnesses,
some of whom testified over the course of several days. Therefore,
it is taking a long time to process the record.
b. The undersigned attorney researched and answered by email more
than 95 legal questions of trial prosecutors since the appellant filed
her brief. The undersigned attorney researched and answered even
more such questions by phone during that time period.
c. The undersigned attorney was required to travel outside the office
on three occasions since the appellant filed her brief. The
undersigned attorney has also been required to present oral
argument in two cases during that same period of time.
d. The undersigned attorney has been involved in completing the
following written appellate project since the appellant filed her
brief:
(1) Albert Febus v. The State of Texas
No. 01-14-00942-CR
Brief filed June 24, 2015
(2) Richard Contreras v. The State of Texas
No. 01-14-00758-CR
Brief filed July 7, 2015
(3) James Ben v. The State of Texas
No. 01-15-00096-CR
Brief filed July 16, 2015
(4) Frellin Orellano v. The State of Texas
No. 14-14-00701-CR
Brief filed August 14, 2015
(5) Luis Veliz v. The State of Texas
No. 14-14-00057-CR
PDR filed August 20, 2015
(6) Joshua London v. The State of Texas
No. PD-0480-15
Brief on PDR filed August 25, 2015
(7) Andrew Ealy v. The State of Texas
No. 14-14-00917-CR
Brief filed August 31, 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:
Barbara Drumheller
Attorney at Law
8501 Katy Freeway, Suite 201
Houston, Texas 77024
Barbara Drumheller@gmail.com
/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: September 22, 2015