ACCEPTED
01-15-00636-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/12/2015 4:14:52 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00636-CR
In the FILED IN
1st COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
for the 11/12/2015 4:14:52 PM
First District of Texas CHRISTOPHER A. PRINE
Clerk
At Houston
No. 1409330
In the 232nd District Court
Of Harris County, Texas
IRVIN NOTIAS
Appellant
v.
THE STATE OF TEXAS
Appellee
STATE’S MOTION FOR EXTENSION OF TIME
IN WHICH TO FILE AN APPELLATE BRIEF
TO THE HONORABLE COURT OF APPEALS OF TEXAS:
COMES NOW THE STATE OF TEXAS, in accordance with Rules
10.5(b)(1) and 38.6(d) of the Texas Rules of Appellate Procedure, and files this
motion for an extension of time in which to file the State’s Brief in this cause, and,
in support thereof, presents the following:
1. On June 30, 2015, appellant was convicted by a jury of aggravated robbery
with a deadly weapon and sentenced to 40 years in the Institutional Division
of the Texas Department of Criminal Justice.
2. Appellant filed a timely written notice of appeal.
3. The State’s Brief is due on November 12, 2015.
4. An extension of time in which to file the State’s Brief is requested until
December 14, 2015. No previous extensions have been granted.
5. The following facts are relied upon to show good cause for the requested
extension:
i. The undersigned attorney has been engaged in the preparation
of the State’s Brief in Cause No. 01-15-00226-CR, Weylin
Wayne Alford, Appellant v. The State of Texas, Appellee, which
was filed on November 11, 2015.
ii. The undersigned attorney has been engaged in the preparation
of the State’s Brief in Cause No. 14-15-00740-CR, Russell Levi
Pope, Appellant v. The State of Texas, Appellee, which was
filed on October 30, 2015.
iii. The undersigned attorney has been engaged in the preparation
of the State’s Brief in Cause No. 14-15-00251-CR, Derek
James Strimban, Appellant v. The State of Texas, Appellee,
which is due to be filed on November 16, 2015.
WHEREFORE, the State prays that this Court will grant an additional
extension of time until December 14, 2015 in which to file the State’s Brief in this
cause.
Respectfully submitted,
/s/ Heather A. Hudson
HEATHER A. HUDSON
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
State Bar No. 24058991
hudson_heather@dao.hctx.net
curry_alan@dao.hctx.net
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument has been submitted
for service by e-filing to the following address:
Joseph W. Varela
2500 East T.C. Jester Blvd.
Suite 247
Houston, Texas 77008
(713) 957-0440
jwvarela@gmail.com
/s/ Heather A. Hudson
HEATHER A. HUDSON
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
State Bar No. 24058991
Date: November 12, 2015