ACCEPTED
12-15-00093-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
9/29/2015 8:54:12 AM
Pam Estes
CLERK
IN THE COURT OF APPEALS FOR THE
12TH DISTRICT OF TEXAS AT TYLER
FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
JOSE IGNACIO LOPEZ- § 9/29/2015 8:54:12 AM
HERNANDEZ, § PAM ESTES
APPELLANT § Clerk
v. § No. 12-15-00093-CR
THE STATE OF TEXAS, §
APPELLEE §
STATE’S FIRST MOTION FOR EXTENSION OF TIME TO FILE
ANSWER TO APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, the State of Texas, by and through her Assistant District
Attorney for Nacogdoches County, and tenders this motion for an extension of
time to file the State’s Answer to Appellant’s Brief, pursuant to Texas Rules of
Appellate Procedure 10.5(b) and 49.2. In support of this motion, the State would
show the following:
I.
The case is styled Jose Ignacio Lopez-Hernandez v. The State of Texas, and
is an appeal from trial in the 420th District Court in Nacogdoches County, Texas,
in cause number F1521498.
II.
Appellant’s brief was filed on August 31, 2015, and the State’s answer in the
instant case is currently due on September 29, 2015. The State respectfully
requests an extension of time to file the State’s answer so that the answer will be
due on October 30, 2015. The State has not previously requested an extension of
time to file an answer.
III.
The extension of time to file is not requested for the purpose of an improper
delay but so that the State might adequately respond to Appellant’s motion. The
State alleges good cause exists for the extension due to counsel’s preparation and
work on other cases, namely:
The State of Texas v. Decobie Dywain Durden, Cause Number
F1521939, wherein the defendant is charged with the offense of
Capital Murder, is set for trial in the 420th District Court;
The State of Texas v. Rynikki Oshay Williams, Cause Number
F1421331, wherein the defendant is charged with Aggravated
Assault with a Deadly Weapon, is set for trial in the 420 th District
Court;
The State of Texas v. Rena Chonta Fontenot, Cause Number
F1420990, wherein the defendant is charged with Possession of a
Controlled Substance, is set for trial in the 420th District Court;
The State of Texas v. Jared Blaine Fogle, Cause Number
F1521649, wherein the defendant is charged with Theft, is set for
trial in the 420th District Court;
The State of Texas v. Marvin Earl Tolliver, Cause Number
F1420603, wherein the defendant is charged with Aggravated
Kidnapping, is set for trial in the 420th District Court;
Moreover, our office has recently undergone personnel changes,
leaving us with fewer attorneys in the courtroom to share the
caseload.
Once these matters have been adequately addressed, Appellee will
have sufficient time to devote to this Answer to Appellant’s Brief.
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WHEREFORE, premises considered, the State respectfully requests that
the Court grant the instant motion and extend the time for filing the State’s answer
until October 30, 2015.
Respectfully submitted,
_______________________
Andrew E. Jones
Assistant District Attorney
Nacogodoches County, Texas
State Bar No. 24073562
101 West Main Street, Ste. 250
Nacogdoches, TX 75961
Phone: (936) 560-7766
FAX: (936) 560-6036
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CERTIFICATE OF SERVICE
A true copy of the State’s motion has been served via FAX/certified
mail/hand delivery on counsel for Appellant, Reynaldo Morin, on this, the 29th day
of September, 2015.
___________________________
Andrew E. Jones
Assistant District Attorney
Nacogdoches County, Texas
State Bar No. 24073562
101 West Main Street, Ste. 250
Nacogdoches, TX 75961
Phone: (936) 560-7766
FAX: (936) 560-6036
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