ACCEPTED
14-15-00360-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
9/28/2015 10:36:29 AM
CHRISTOPHER PRINE
CLERK
No. 14-15-00360-CR
In the FILED IN
14th COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
For the 9/28/2015 10:36:29 AM
Fourteenth District of Texas CHRISTOPHER A. PRINE
Clerk
At Houston
No. 1386895
In the 176th Criminal District Court
Of Harris County, Texas
ANTHONY D. ALFORD
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 176th Criminal District Court of Harris County, Texas, in cause
number 1386895, the State charged appellant by indictment with the
second-degree felony offense of sexual assault of a child in The State of
Texas v. Anthony D. Alford, and also alleged two punishment-enhancement
paragraphs.
2. A jury found appellant guilty as charged in the indictment.
3. On April 10, 2015, the trial court found the State’s punishment-
enhancement allegations “true” and sentenced appellant to confinement in
the Texas Department of Criminal Justice, Correctional Institutions
Division, for sixty years.
4. Appellant timely filed written notice of appeal on April 10, 2015.
5. Appellant filed his appellate brief with this Court on August 27, 2015.
6. The State’s appellate brief is due on September 28, 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 28, 2015.
9. The facts relied upon to explain the need for this extension are:
a. During the timeframe allowed for researching and preparing the
State’s appellate brief for this case, the undersigned attorney has also
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been responsible for researching and preparing the State’s appellate
briefs in the following cases that are also assigned to her:
i. James Agbeze v. State of Texas; No. 14-15-00474-CR
ii. Geraline Lincoln v. State of Texas; No. 14-14-00957-CR, No.
14-14-00959-CR
iii. Erick Eduardo Hernandez v. State of Texas; No. 14-15-00209-
CR
iv. Joe Lee Bowden v. State of Texas; No. 14-14-00955-CR
v. Juan Mendoza v. State of Texas; No. 14-15-00537-CR
vi. Roy Vasquez v. State of Texas; No. 01-15-00813-CR
b. 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.
c. And, finally, the undersigned attorney has been assigned to a Harris
County District Attorney’s Office investigative team which, in
coordination with the Texas Rangers and with the Houston Police
Department, is tasked with investigating the alleged sale of human
tissue and organs at Planned Parenthood Gulf Coast. The
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investigation has been time-consuming, has required travel to Austin
and Fort Worth, and, thus, has substantially added to the undersigned
attorney’s workload.
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
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 28, 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
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Fax (713) 755-5809
Hervey_Melissa@dao.hctx.net
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing instrument has
been served upon Hattie Sewell Shannon, appellant’s attorney of record on appeal,
on September 28, 2015, at the following e-mail address, through the electronic
service system provided by eFile.TXCourts.gov:
hattieshannon52@yahoo.com
/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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