ACCEPTED
01-14-00513-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/28/2015 11:30:48 AM
CHRISTOPHER PRINE
CLERK
Nos. 01-14-00513-CR & 01-14-00514-CR
In the FILED IN
1st COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
For the 1/28/2015 11:30:48 AM
First District of Texas CHRISTOPHER A. PRINE
Clerk
At Houston
Nos. 1330898 & 1330899
In the 351st District Court
Of Harris County, Texas
AARON CHARLES BURTON
Appellant
v.
THE STATE OF TEXAS
Appellee
STATE’S SECOND 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. The following facts are
relevant:
1. The appellant was indicted for evading arrest with a motor vehicle
and possession of a controlled substance. (1 CR 8; 2 CR 8)1. Both
indictments alleged two prior felony convictions, with one having
been committed after the other became final. (1 CR 8; 2 CR 8). The
appellant pleaded not guilty to both charges. (3 RR 3-4). A jury found
him guilty as charged. (1 CR 87-88; 2 CR 84, 88). The appellant
pleaded true to all the enhancement allegations and the trial court
assessed his punishment in both cases at thirty years’ confinement,
with the sentences to run concurrently. (1 CR 88, 2 CR 88). The
appellant filed a timely notice of appeal for both cases. (1 CR 91; 2 CR
91). The records do not contain trial court certifications of the
appellant’s right of appeal.
2. The State’s brief is due on January 28, 2015. The State requests a 30-
day extension of time in which to file its brief.
3. This is the State’s second request for extension.
4. The following facts are relied upon to show good cause for an
extension of time to allow the State to file its brief:
1For ease of citation, the State will refer to the clerk’s records in these as though they were
sequentially-numbered volumes. Thus, the record for 01-14-00513-CR (the evading case)
will be 1 CR, and the record for 01-14-00514-CR (the possession case) will be 2 CR. Also,
the State notes that the clerk failed to paginate the record for the evading case. For 1 CR,
the State will use the PDF page numbers.
a. Since this Court granted the State’s first motion for extension,
the undersigned attorney has worked on the following cases:
1. Shane Allen Mikel
No. 01-14-00277-CR
Brief filed December 31, 2014
2. Brian Wei
No. PD-1613-14
Petition for discretionary review filed January 6, 2015
3. State of Texas v. Joshua Grabow
No. 1380708 in the 248th District Court
Handled lengthy jury-charge conference on January 8, 2015
4. Cedric Hopes
No. 14-14-00403-CR
Brief filed January 14, 2015
5. Gary Ishmael Bolin
Nos. 14-14-00521-CR & 14-14-00522-CR
Brief filed January 14, 2015
6. Jose Treto
No. 14-14-00369-CR
Brief filed January 15, 2015
7. Octaviano Sanchez
Nos. 14-14-00003-CR et seq.
Oral argument held January 22, 2015.
8. Eric Baumgart
No. 01-14-00320-CR
Brief filed January 28, 2015
b. In addition to these cases (and this case), the undersigned
attorney presently has assigned to him four other cases with
active deadlines. This workload is common in the appellate
section of the Harris County District Attorney’s office, thus
offloading this work to others is not a realistic option.
c. The undersigned attorney is assigned to receive trial court
questions from nine felony courts. Though writing briefs is his
primary duty, the undersigned attorney spends roughly 10% of
his time answering these trial court questions.
WHEREFORE, the State prays that this Court will grant the requested
extension.
Respectfully submitted,
/s/ C.A. Morgan
CLINTON A. MORGAN
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
morgan_clinton@dao.hctx.net
TBC No. 24071454
CERTIFICATE OF SERVICE
I certify that I have requested that efile.txcourts.gov electronically serve
a copy of this motion to:
Tony Aninao
taninao@hotmail.com
/s/ C.A. Morgan
CLINTON A. MORGAN
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
morgan_clinton@dao.hctx.net
TBC No. 24071454
Date: January 28, 2015