Prentis Ray Venzant v. State

ACCEPTED 01-15-00297-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 12/30/2015 12:22:38 PM CHRISTOPHER PRINE CLERK NO.Ol-15-00297-CR PRENTIS RAY VENZANT, IN THE COURT OF APPEALS FILED IN APPELLANT 1st COURT OF APPEALS HOUSTON, TEXAS 12/30/2015 12:22:38 PM v. FIRST SUPREME JUDICIAL CHRISTOPHER A. PRINE DISTRICT Clerk THE STATE OF TEXAS, APPELLEE HOUSTON, TEXAS MOTION FOR EXTENSION OF TIME TO FH.E STATE'S RESPONSE BRIEF TO THE HONORABLE COURT OF APPEALS: Now comes Jack Roady, Criminal District Attorney of Galveston County, Texas, pursuant to Rule 10.5 (b) , Texas Rules of Appellate Procedure, and moves for an extension of time in which to file the State's Brief and would respectfully show the Court of Appeals as follows: 1. The appellant was convicted of Unauthorized Use of a Vehicle, and was sentenced on 3/27/2015. The trial case was styled as State of Texas v. Prentis Roy Venzant, in the 212'h Judicial District Court of Galveston County, Texas, Cause No. 14-CR- 2810. Appellant filed timely Notice of Appeal. The Appellant's brief was filed with this Court on 11/30/2015. 2. The present due date for filing the State's briefis 12/30/2015. 3. This is the State's first motion for extension of time to file its brief. 4. The State requests an extension to file its brief on or before 2/29/2016. 5. The State requests this extension not for delay but because during the last thirty days, the undersigned attorney for the State: 1 • Completed a State's Response Brief in Robert Rollins v. State, 01-14- 00769-CRon 11/16/2015. • Completed a Petition for Discretionary Review in Eric Greer v. State, 01-14-00033-CR, on 11/19/2015. • Completed a State's Response Brief in Gary James Cox v. State, Nos. 01-15-00220-CR, 01-15-00221-CR, 01-15-00222-CR on 12/14/2015. • Filed answers, responses, agreed orders, and appeared in court for hearings or other docket matters on numerous expunctions and nondisclosures, and misidentification expunctions. 6. The State must also complete its response brief to Brian DamellJohnson II. Stale, 01-15-00101-CR, due on December 30,2015. 7. The State must also complete its response brief to Brandon Marlo Miller v. State, 14-15-00293-CR, due on January 19,2016. 8. The State must also complete its response brief to Gregory Charles Hurst v. State, 14-15-00539-CR, due on February 1, 2016. 9. The State must also complete its response brief to Altin Pinkney v. State, 14-15- 00428-CR, due on February 12, 2016. 10. The State must also complete its response brief to Michael Grimm v. State, 14- 15-00284-CR, due on February 16,2016. WHEREFORE, PREiYIISES CONSIDERED, the State respectfully requests that this Court of Appeals extend the time to file the State's brief until February 29, 2016. 2 Respectfully submitted, JACK ROADY C ALDISTRICT ATTORNEY G ON COUNTY TEXAS riminal District Attorney Street, Suite 1001 Galveston County, Texas 77551 Tel.(409)766-2355, fax (409)766-2290 State Bar Number: 24062850 allison.lindblade@co.ga!vcston.rx.us CERTIFICATE OF COMPLIANCE The undersigned Attorney for the State c .fies this brief is computer generated, and consists of 345 words. CERTIFICATE OF SERVICE The undersigned attorney for the State certifies that a copy of the above motion was emailedl eFiledtoTadNelson,Attorney for Appellant, at tad@thcnclsonfum.com on December 30, 2015. l!sil;.e!fitQllfuinal District Attorney Galveston County, Texas 3 AFFIDAVIT THE STATE OF TEXAS COUNTY OF GALVESTON Before me, the undersigned authority, on December 30, 2015, appeared Allison Lindblade, who by me duly sworn did depose and state on oath the following: "I, Allison Lindblade, Attorney for the State of Texas, have read the Motion for Extension of Time to File the State's Brief, and swear that the information contained th.<;re~s true and correct." DBLADE s t Criminal District Attorney Galveston County, Texas SWORN TO AND SUBSCIUBED before me on December 30, 2015. ~ &~\1,w- NOTARY PUBLIC in and for the State of Texas 4