ACCEPTED
14-14-00400-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
2/18/2015 4:53:23 PM
CHRISTOPHER PRINE
CLERK
No. 14-14-00400-CR
In the
Court of Appeals FILED IN
14th COURT OF APPEALS
For the HOUSTON, TEXAS
Fourteenth District of Texas 2/18/2015 4:53:23 PM
At Houston CHRISTOPHER A. PRINE
Clerk
No. 1396108
In the 182nd District Court
Of Harris County, Texas
ELADIO CASTRO NAJERA
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 one count of possession of a
controlled susbtance, and the jury found the appellant guilty (CR –5, 9,
69, 71-2; 3 RR 209). The trial court sentenced him to two years in the
Texas Department of Criminal Justice, Institutional Division, probated
for five years of community supervision (CR –71-6; 4 RR 4-5). The
appellant filed a timely notice of appeal, and the trial court certified that
he had the right to appeal (CR – 78-80). The State’s brief was due on
February 19, 2015. 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 abated for the trial court to make findings of fact and
conclusions of law, and was reinstated on January 20, 2015.
b. The record in this case is over five megabytes in length split over
six volumes and will take some time to process.
c. The undersigned attorney was involved in completing the
following written appellate projects since the appellant filed his
brief:
(1) Presented at “Prosecutor Trial Skills Course” by TDCAA
in Austin, Texas on January 5, 2015
(2) James Jones v. The State of Texas
No. 01-14-00415-CR
Brief Due January 19, 2015
(3) Terrio Holiday v. The State of Texas
No. 14-14-00467-CR
Brief Due January 20, 2015
(4) Jesus Escobar v. The State of Texas
No. 01-13-00496-CR
Brief Due February 2, 2015
(5) Brian Victorian v. The State of Texas
No. 01-13-01004-CR
Brief Due February 11, 2015, ext’d March 16, 2015
(6) Tiquisha Carrol v. The State of Texas
No. 14-14-00178-CR
Brief Due February 11, 2015
(7) William Delacruz v. The State of Texas
No. 01-14-00606-CR
Brief Due February 16, 2015
(8) Manuel Rivera-Sanchez v. The State of Texas
No. 01-14-00415-CR
Brief Due February 27, 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:
Maverick Ray
1419 Franklin, 2nd Floor
Houston, TX 77002
281-947-2007/p
713-714-2225/f
maverickraylaw@gmail.com
/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: February 18, 2015
Eladio Castro Najera v. State
Combined Opinion