PD-0372-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 9/3/2015 4:42:05 PM
Accepted 9/3/2015 5:00:00 PM
ABEL ACOSTA
CAUSE NUMBER PD-0372-15 CLERK
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
LUIS SANCHEZ, Appellant September 4, 2015
V.
STATE OF TEXAS, Appellee
On Petition for Discretionary Review
from the Eleventh Court of Appeals, Eastland
Case No. 11-12-00279-CR
On appeal from the 161st Judicial District Court
of Ector County, Texas
Trial Court Cause Number B-37,135
STATE’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW THE STATE, THE STATE OF TEXAS, by and through
the Honorable R.N. (Bobby) Bland, Ector County District Attorney, and Michael
Bloch, Assistant District Attorney, and files this Motion for Extension of Time to
State’s First Motion for Extension of Time to File Brief Page 1
File its Brief in accordance with the Texas Rules of Appellate Procedure, and in
support thereof, would respectfully show this Honorable Court as follows:
I. STATEMENT OF THE CASE
This appeal involves a bench trial that resulted in a Judgment of Conviction
by Court filed on September 21, 2012. Appellant perfected his appeal by timely
filing his Notice of Appeal on or about September 25, 2012. On or about March 5,
2015, the Eleventh Court of Appeals affirmed Appellant’s conviction. On or about
April 19, 2015, Appellant timely filed his petition for discretionary review. This
Court granted Appellant’s petition for discretionary review on July 1, 2015.
II. BASIS FOR REQUEST FOR EXTENSION
(A) Appellant’s Brief was filed on August 18, 2015. Tex. R. App. Pro.
38.6(b). The deadline for the State to file its Brief is September 17, 2015, or 30
days after Appellant’s Brief was filed.
(B) The State avers that the brief is not yet completed.
(C) The State therefore requests an extension of fifteen (15) days to file its
brief, until and including October 2, 2015.
(D) The need for extension is based on the following:
State’s First Motion for Extension of Time to File Brief Page 2
The undersigned ADA is solely responsible for post-conviction appeals. In the
past two weeks, the undersigned has researched, drafted and filed a brief before the
11th Court of Appeals: 11-15-00112-CR; Ted Clinton Murray v. State. The
undersigned is also currently researching and drafting another brief before the 11th
Court of Appeals: 11-15-00026-CR; Jonathan Cole Porter v. State. The
undersigned has also recently completed responses to habeas writs: C-42,151;
Scott Allen Chapman, and C-26,276; Manuel Salazar-Balderas.
With regard to the instant case, The State would ask this Court to grant it an
additional fifteen (15) days to respond to Appellant’s Brief.
(E) This is the first request for an extension of time the State has requested
in connection with this appeal.
CONCLUSION & PRAYER
Therefore, based on the above, the State of Texas requests that this Court
grant the State an extension of fifteen (15) days within which to file its brief in this
matter, until October 2, 2015.
State’s First Motion for Extension of Time to File Brief Page 3
Respectfully Submitted,
Michael Bloch
Assistant District Attorney
Ector County District Attorney’s Office
Ector County Courthouse
300 N. Grant, Room 305
Odessa, Texas 79761
(432) 498-4230 Phone
(432) 498-4293 Fax
michael.bloch@ectorcountytx.gov
Attorney for the State of Texas
By: /s/ Michael Bloch_____________________
Michael Bloch
State Bar No. 24009906
Assistant District Attorney
CERTIFICATE OF SERVICE
I certify that on this 3rd day of September, 2015, a copy of the foregoing
State’s First Motion for Extension of Time to File its Brief was served via efile to
counsel for Appellant, M. Michele Greene, 2833 Wildwood, Odessa, Texas 79761
/s/ Michael Bloch__________________
Michael Bloch
Assistant District Attorney
State’s First Motion for Extension of Time to File Brief Page 4
CERTIFICATE OF COMPLIANCE
I certify that the foregoing Motion consists of 581 words and is typed in 14-
point Times New Roman font.
/s/ Michael Bloch_____________________
Michael Bloch
Assistant District Attorney
5
Sanchez, Luis
Combined Opinion