ACCEPTED
01-15-00279-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/14/2015 3:25:53 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00279-CR
In the FILED IN
1st COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
For the 10/14/2015 3:25:53 PM
First District of Texas CHRISTOPHER A. PRINE
Clerk
At Houston
♦
No. 1344346
In the 338th District Court
Of Harris County, Texas
♦
Joseph Juan Facundo
Appellant
v.
The State of Texas
Appellee
♦
State’s First Motion for 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. The following facts are
relevant:
1. The appellant was indicted for capital murder. (CR 7). The appellant
pleaded not guilty, but a jury found him guilty as charged. (CR 101).
Because the State did not seek the death penalty, the trial court
sentenced the appellant to confinement for life, without the
possibility of parole. (CR 101). The trial court certified the appellant’s
right of appeal, and the appellant filed a timely notice of appeal. (CR
100, 104).
2. The State’s brief is due on October 14, 2015. The State requests a 30-
day extension of time in which to file its brief.
3. This is the State’s first request for extension.
4. The following facts are relied upon to show good cause for an
extension of time to allow the State to file its brief:
a. This case was assigned to the undersigned attorney on
September 15, 2015. Since then, the undersigned attorney has
worked on the following cases:
1. Ex parte Hugo Steve Ramirez
No. 14-15-00323-CR
Brief due October 21 (two extensions already granted).
2. Judist Lamond Broussard
No. 01-15-00074-CR
Brief due October 28 (no further extensions will be granted)
3. Ex parte Larry Flores
Nos. 14-15-00619-CR & 14-15-00620-CR
Brief filed September 28, 2015
4. Brent Alan Dalton
No. 01-14-00837-CR
Brief filed September 30, 2015
WHEREFORE, the State prays that this Court will grant the requested
extension.
Respectfully submitted,
/s/ C.A. Morgan
CLINTON A. MORGAN
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
morgan_clinton@dao.hctx.net
TBC No. 24071454
Certificate of Service
I certify that I have requested that efile.txcourts.gov electronically serve
a copy of this motion to:
Patrick McCann
writlawyer@justice.com
Dawn Zell Wright
zellwright@zwlaw.us
/s/ C.A. Morgan
CLINTON A. MORGAN
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
morgan_clinton@dao.hctx.net
TBC No. 24071454
Date: October 14, 2015