ACCEPTED
01-14-00294-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
4/29/2015 3:34:13 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00294-CR
In the
Court of Appeals FILED IN
1st COURT OF APPEALS
For the HOUSTON, TEXAS
First District of Texas 4/29/2015 3:34:13 PM
At Houston CHRISTOPHER A. PRINE
Clerk
No. 1392793
In the 179th District Court
Of Harris County, Texas
ALBERT TORRES NIEVES
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 and in its motion, would
show the Court the following:
1. The State charged the appellant with aggravated sexual assault of a
child, and the jury found the appellant guilty (CR – 9, 277, 286-87; 8 RR
4). The trial court sentenced him in accordance with the jury’s verdict to
ten years in prison in the Texas Department of Criminal Justice,
Institutional Division (CR – 285; 8 RR 38). The appellant filed a timely
notice of appeal, and the trial court certified that he had the right to
appeal (CR – 289-91). The State’s brief was due on April 29, 2015. This
is the State’s second request for an extension. The following facts are
relied upon to show good cause for an extension of time to allow the
State to file its brief:
a. The State received the appellant’s brief late.
b. This brief was not assigned to the undersigned attorney until
March 30, 2015.
c. The record in this case is over twenty-three megabytes in length
split over ten volumes and will take some time to process.
d. The undersigned attorney was involved in completing the
following written appellate projects since the appellant filed his
brief:
(1) Manuel Rivera-Sanchez v. The State of Texas
No. 01-14-00415-CR
Brief Due February 27, 2015
(2) Brian Victorian v. The State of Texas
No. 01-13-01004-CR
Brief Due March 16, 2015
(3) William Delacruz v. The State of Texas
No. 01-14-00606-CR
Brief Due March 19, 2015
(4) Eladio Castro Najera v. The State of Texas
No. 14-14-00400-CR
Brief Due March 23, 2015
(5) Odel Roderick Allen v. The State of Texas
No. 14-14-00708-CR
Brief Due April 10, 2015, ext’d to May 11, 2015
(6) Randy Segura v. The State of Texas
No. 01-14-00955-CR
Brief Due April 20, 2015
(7) James Jones v. The State of Texas
No. 14-14-00404-CR
Brief Due April 27, 2015
(8) Jeremy Dugar v. The State of Texas
No. 14-14-00245-CR
Conviction reversed on April 9, 2015
Wrote a response to appellant’s bail request on
April 24, 2015
Considered filing a Motion for Rehearing due April
24, 2015
Preparing Petition for Discretionary Review Due
May 9, 2015.
(11) Jose A. Dominguez v. The State of Texas
No. 14-14-00652-CR
Brief Due May 6, 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:
Joe David Wells
PO Box 2064
Houston, TX 77252
(281) 410-8778
joedavidwells@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: April 29, 2015