ACCEPTED
01-15-00183-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/18/2015 2:30:31 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00183-CR
In the FILED IN
1st COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
For the 9/18/2015 2:30:31 PM
First District of Texas CHRISTOPHER A. PRINE
Clerk
At Houston
No. 1437421
In the 230th Criminal District Court
Of Harris County, Texas
ROY VASQUEZ
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, appellee, 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:
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1. In the 230th Criminal District Court of Harris County, Texas, in cause
number 1437421, the State charged appellant by indictment with sexual
assault in The State of Texas v. Roy Vasquez.
2. A jury found appellant guilty as charged in the indictment and assessed his
punishment at confinement in the Texas Department of Criminal Justice,
Correctional Institutions Division, for seventeen years and a $10,000 fine.
3. The trial court sentenced appellant in accordance with the jury’s verdict on
February 12, 2015, and certified appellant’s right of appeal.
4. Appellant timely filed written notice of appeal on February 17, 2015.
5. Appellant filed his appellate brief with this Court on July 31, 2015.
6. The State’s appellate brief was due on August 31, 2015.
7. This is the State’s first request for an extension.
8. The State requests that this Court extend the timeframe for the State to file
its appellate brief to October 31, 2015.
9. The facts relied upon to explain the need for this extension are:
a. The undersigned attorney was not assigned to this case until
September 18, 2015. The undersigned attorney’s supervisor has
represented to the undersigned attorney that the delay in assigning
this case to the undersigned attorney is because, although appellant
filed his brief on July 31, 2015, “we never received a copy” of the
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brief until September 17, 2015, when an administrative assistant in
the Appellate Division “pulled a copy from the COA” website.
b. During the timeframe allowed for researching and preparing the
State’s appellate brief for this case, the undersigned attorney is also
responsible for researching and preparing the State’s appellate briefs
in the following cases that are also assigned to her:
i. Joe Lee Bowden v. State of Texas; No. 14-14-00955-CR
ii. Anthony D. Alford v. State of Texas; No. 14-15-00360-CR
iii. Juan Mendoza v. State of Texas; No. 14-15-00537-CR
iv. Erick Eduardo Hernandez v. State of Texas; No. 14-15-00209-
CR
c. And finally, the undersigned attorney has been responsible for
responding to numerous questions and requests for assistance from
prosecutors in the Trial Bureau of the Harris County District
Attorney’s Office regarding matters which were time-sensitive and
critical for cases currently in trial.
10.Consequently, the undersigned attorney has been unable to complete the
State’s reply brief in this case in the time permitted, despite due diligence,
and the requested extension of time is necessary to permit the undersigned
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attorney to adequately investigate, complete, and file the State’s appellate
brief for this cause.
11. The State’s motion is not for purposes of delay, but so that justice may be
done.
WHEREFORE, the State prays that this Court will grant the State an
extension of time, until October 31, 2015, for the undersigned attorney to
complete and file the State’s appellate brief in this case.
Respectfully submitted,
/S/ Melissa Hervey
MELISSA P. HERVEY
Assistant District Attorney
Harris County, Texas
State Bar No. 24053741
1201 Franklin Street, Suite 600
Houston, Texas 77002
Telephone (713) 755-5826
Fax (713) 755-5809
Hervey_Melissa@dao.hctx.net
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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing instrument has
been served upon Angela Cameron, appellant’s attorney of record on appeal, on
September 18, 2015, at the following e-mail address, through the electronic
service system provided by eFile.TXCourts.gov:
Angela.Cameron@pdo.hctx.net
/S/ Melissa Hervey
MELISSA P. HERVEY
Assistant District Attorney
Harris County, Texas
State Bar Number: 24053741
1201 Franklin Street, Suite 600
Houston, Texas 77002
Telephone (713) 755-5826
Fax (713) 755-5809
Hervey_Melissa@dao.hctx.net
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