Cruz-Garcia, Obel

AP-77,025
FILED IN COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS AUSTIN, TEXAS'
Transmitted 3/16/2015 10:35:28 AM
Accepted 3/16/2015 10:50:28 AM
March 16,2015 ABEL ACOSTA
No. AP-77,025 ; CLERK

ABELACOSTA. CLERK i
In the I
Texas Court of Criminal Appeals
At Austin

No. 1384794 ;
In the 337th Criminal District Court
Of Harris County, Texas ;

OBEL CRUZ-GARCIA
Appellant :
V.

THE STATE OF TEXAS i

Appellee >

STATE'S FINAL MOTION FOR EXTENSION OF TIME
IN WHICH TO FILE APPELLATE BRIEF

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

THE STATE OF TEXAS, pursuant to Tex. R. App. P. 68.2(c) moves
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for an extension of time within which to file its appellate brief. In support
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of its motion, the State submits the following:
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1. Appellant was charged by indictment with the felony offense of
capital murder. i

2. The case was tried before a jury who found appellant guilty as
charged.

3. The jury answered the special issues. \

4. The trial court assessed punishment at death, in accordance with
Texas Code of Criminal Procedure article 37.071 section 2(g).
5. Sentence was entered July 22, 2013.

6. Direct appeal to this Court is automatic.

7. Appellant's brief was filed on September 15, 2014, after receiving
extensions from this Court for a period of 9 months.

8. After two extensions, the State's appellate brief is due on March
16,2015. !
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9. The State seeks an additional and final extension of 30 days to file
its brief, until April 15, 2015. j

10. The following facts are relied upon to show good cause for the
requested extension:

a. During the previous two months, while reading the
record in this case, the undersigned attorney filed 3 other
appellate briefs. j
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b. Last month, the undersigned attorney presented oral
argument to the Fourteenth Court; of Appeals on the co-
defendant's case, Rogelio Aviles-Barroso v. State, which
involved a unique and complex issue of a voice
identification made 20 years after the offense.

c. Last month, the undersigned attorney wrote an article
for The Texas Prosecutor, the official journal of TDCAA,
on this Court's recent holding in Butcher v. State.

d. As part of her duties as an appellate team member to the
felony courts, the undersigned attorney completed 50
research projects for trial lawyers (assigned to her in the
last two months. i
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e. As part of her duties as the appellate team member for
the Crimes Against Children Division, the undersigned
attorney spent considerable time in researching,
planning and drafting two criminal statutes as well as
bill analysis for this legislative session - online
sohcitation of a minor and failure to report child abuse.
f. The undersigned prosecutor is i on call to present
testimony in Austin this week and later this month for
House and Senate hearings on the revisions to the online
solicitation statute that was declared unconstitutional
by this Court in Ex Parte Lo. I

g. Additionally, the undersigned attorney was out of the
office last month due to a death in the family.
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h. The Appellate Division of the Harris County's DA's office
is currently operating with one less prosecutor, resulting
in a higher workload. One colleague was mobilized by
the U.S. Navy and his position willinpt be replaced.
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i. The appellate record in the present case is voluminous,
consisting of 35 volumes. Appellant brings 12 points of
error on appeal. The undersigned attorney has completed
review of the record and is now in the process of
addressing appellant's complaints.

j. The undersigned attorney has two other appellate briefs
assigned to her that are due this month, Ceasar Russi v.
State and Jesse Dains v. State. I

k. The undersigned attorney requests a final extension of 30
days to complete briefing,on this case and believes it will
be completed by April 15, 2015. l
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1. 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 the
requested extension until April 13, 2015. :

Respectfully submitted,
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Jessica Akins j
Assistant District Attorney
State Bar Number: 24029415
CERTIFICATE OF SERVICE

Pursuant to Tex. R. App. P. 9.5, this certifies that on March 16, 2015, a

copy of the foregoing was sent to the following:

Wayne T. Hill
Attorney at Law
4615 Southwest Freeway, Suite 600
Houston, Texas 77027
wthlaw@aol.. com

Jessica Akins I
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826 I
State Bar Number: 24029415
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akins jessica@dao.hctx.net