ACCEPTED
14-15-00155-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
8/6/2015 1:58:39 PM
CHRISTOPHER PRINE
CLERK
No. 14-15-00155-CR
No. 14-15-00156-CR
No. 14-15-00157-CR FILED IN
No. 14-15-00158-CR 14th COURT OF APPEALS
HOUSTON, TEXAS
8/6/2015 1:58:39 PM
In the CHRISTOPHER A. PRINE
Court of Appeals Clerk
For the
Fourteenth District of Texas
At Houston
No. 1385626
No. 1385627
In the 179th District Court
Of Harris County, Texas
LARRY TORRES
Appellant
V.
THE STATE OF TEXAS
Appellee
STATE’S 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 and in its motion, would show
the Court the following:
1. The State charged the appellant with the felon in possession of a
weapon and possession of a controlled substance with intent to
deliver (1 CR – 54; 2 CR – 54). The defendant pled guilty after the
trial court denied his motion to suppress (1 RR 96-104; 2 CR – 95-103;
3 RR 4). The trial court sentenced him in accordance with the plea
bargain to 15 years on the felon in possession and 25 years on the
possession case (1 CR – 96-104; 2 CR – 96, 102-3). The appellant filed
a timely notice of appeal, and the trial court certified that he had the
right to appeal (1 CR – 106-8; 2 CR – 105-7). The State’s brief was due
on August 6, 2015. This is the State’s first request for an extension.
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 thirty megabytes in length split over
eight volumes and will take some time to process.
b. This brief was not assigned to the undersigned attorney until July
14, 2015.
c. The undersigned attorney was involved in completing the
following written appellate projects since the appellant filed his
brief:
(1) The State of Texas v. Charles Trahan
No. 14-15-00472-CR
Brief Filed July 6, 2015
Appellee’s brief filed on July 23, 2015
Read to determine if reply brief needed
(2) Alfonso Malone v. The State of Texas
No. 01-14-00054-CR
1899612
Abated June 30, 2015 to located missing exhibit
Prepared Findings of Fact and Conclusions of Law
Hearing on July 17, 2015 regarding the missing
exhibit and the findings
(3) Gerardo Tapia-Lopez v. The State of Texas
No. 01-14-01016-CR
Brief Filed July 22, 2015
(4) The State of Texas v. Charles Trahan
County Court At Law No. 4
1974704
Brief Filed July 6, 2015
Assisted trial prosecutor in Motion for New Trial
Preparing for State’s appeal
Filed Notice of Appeal May 11, 2015
Assigned to the Fourteenth Court of Appeals on
May 20, 2015
(5) Jeremy Howard v. The State of Texas
No. 01-14-00911-CR
Brief Filed July 31, 2015
d. The undersigned attorney was involved in preparing an hour long
presentation for the TDCAA Prosecutor’s Skills Course to be
presented on July 21, 2015.
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 attorney to adequately
investigate, complete, and file the State’s appellate brief for this
cause. 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 a thirty day extension of
time for the undersigned attorney to complete and file the State’s appellate brief in
this case
Respectfully submitted,
/s/ Katie Davis
KATIE DAVIS
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
Davis_Katie@dao.hctx.net
TBC No. 24070242
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument will be served by
efile.txcourts.gov to:
Allen C. Isbell
2016 Main St., Suite 110
Houston, TX 77002
713-236-1000
713-236-1809/f
allenisbell@sbcglobal.net
/s/ Katie Davis
KATIE DAVIS
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
Davis_Katie@dao.hctx.net
TBC No. 24070242
Date: August 6, 2015