ACCEPTED
14-14-00663-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
2/20/2015 5:04:44 PM
CHRISTOPHER PRINE
CLERK
No. 14-14-00663-CR
In the FILED IN
Court of Appeals 14th COURT OF APPEALS
HOUSTON, TEXAS
For the
2/20/2015 5:04:44 PM
Fourteenth District of Texas CHRISTOPHER A. PRINE
At Houston Clerk
No. 1969753
In the County Criminal Court at Law Number 5
Harris County, Texas
MARCOS M. FLORES
Appellant
v.
THE STATE OF TEXAS
Appellee
STATE’S FOURTH AND FINAL 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, 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:
1. In the County Criminal Court at Law Number 5 of Harris County, Texas, in cause
number 1914785, the Appellant was charged with the offense of unlawfully carrying a
weapon, in The State of Texas v. Marcos M. Flores.
2. In the County Criminal Court at Law Number 5 of Harris County, Texas, in cause
number 1969753, the Appellant filed an application for a pre-trial writ of habeas corpus, in
Ex parte Marcos M. Flores.
3. On July 7, 2014, the trial court denied relief on the Appellant’s application for a
pre-trial writ of habeas corpus.
4. A written notice of appeal was timely filed on July 7, 2014.
5. The Appellant’s brief was filed with this Court on October 13, 2014.
6. The State’s brief was due to be filed with this Court on January 13, 2015.
7. An extension of time in which to file the State’s brief is requested until February
23, 2015.
8. Three previous extensions have been granted to the State.
9. The undersigned attorney recognizes that this case has been set for submission
before a panel of this Court on March 26, 2015.
10. The facts relied upon to explain the need for this extension are:
With his numerous duties as Chief of the Appellate Division, the undersigned
assistant district attorney has needed some additional time in order to respond to
the appellant’s brief in this case. The undersigned attorney is also assigned to
prepare the State’s briefs in the following cases:
Ryan Matthew Stairhime No. PD-1071-14
Jimmy Earl Drummond No. 01-14-00962-CR
The undersigned attorney has also been called as a witness in the ongoing
hearing on the application for a post-conviction writ of habeas corpus filed by
David Mark Temple. The undersigned attorney has had to testify in this hearing
over several days and was recalled to testify as well. This brief would have been
filed earlier had it not been for the lengthy testimony presented at this hearing.
Some time has been necessary in order to prepare for that testimony.
WHEREFORE, the State prays that this Court will grant an extension of time until
February 23, 2015, in which to file the State’s brief in this case.
Respectfully submitted,
/s/ Alan Curry
ALAN CURRY
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
TBC No. 05263700
curry_alan@dao.hctx.net
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument has been mailed to the
appellant’s attorney at the following addresses on February 20, 2015:
Carmen M. Roe
Attorney at Law
440 Louisiana, Suite 900
Houston, Texas 77002
/s/ Alan Curry
ALAN CURRY
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
TBC No. 05263700
curry_alan@dao.hctx.net
Date: February 20, 2015
Ex Parte Marcos M. Flores
Combined Opinion