ACCEPTED
01-15-00032-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/14/2015 11:09:38 AM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 01-15-00032-CR
CAUSE NO. 01-15-00033-CR
FILED IN
JOE EDDIE ALEJANDRO § 1st COURT
IN THE COURT OF OF APPEALS
APPEALS FOR
HOUSTON, TEXAS
§
9/14/2015 11:09:38 AM
V. § THE FIRST JUDICIAL DISTRICT,
CHRISTOPHER A. PRINE
§ Clerk
THE STATE OF TEXAS § AT HOUSTON, TEXAS
____________________________________________________
STATE’S MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
____________________________________________________
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW the State of Texas, by the undersigned assistant district
attorney, and moves the Court for an extension of time to file its appellate brief in the
above-captioned cases. The State would respectfully show the Court the following:
1. On November 6, 2014, the appellant was convicted of the offense of
aggravated sexual assault of a child (Ct. II), and indecency with a child by sexual
contact (Ct. III), and his punishment was assessed in Count II at imprisonment for
thirty years, and in Count III at imprisonment for ten years.
2. The appellant’s brief was filed in this Court on June 24, 2015.
3. The State’s brief is presently due to be filed in this Court on August 24,
2015.
4. The State has previously requested one extension of time to file its brief.
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5. The State hereby requests a 30-day extension of time to file its brief, until
September 24, 2015.
6. Good cause exists for the requested extension of time, for the following
reasons:
In the past 30 days, the undersigned counsel for the State has
been required to prepare the State’s petition for discretionary review in
The State of Texas v. Jessica Sekerka Siegel, Case No. PD-0962-15, the
State’s appellant brief in Jennifer Sobel v. The State of Texas, Case No.
09-14-00426-CR,the State’s appellant brief in Gary Edward Vines v.
The State of Texas, Case No. 09-14-00487-CR, the State’s appellant
brief in Carol Ann Davis v. The State of Texas, Case No.
09-15-00063-CR, the State’s answer to application for post-conviction
writ of habeas corpus, and proposed findings of fact and conclusions of
law in Ex parte Clyde James Freeman, Case No. 09-11-11188-CR-(3);
the State’s answer to application for post-conviction writ of habeas
corpus, and proposed findings of fact and conclusions of law in Ex
parte Steven Keith Milliff, Case No. 11-03-02327-CR-(1).
In addition, undersigned counsel is assigned to serve as the
prosecutor on Montgomery County’s misdemeanor expunction and
nondisclosure cases, and has been required to attend to numerous
hearings and other duties pursuant to those assignments, and is also
assigned to serve as the prosecutor on Montgomery County’s mental
health cases, and has been required to attend to duties pursuant to that
assignment
Further, the undersigned counsel was out of the office from
August 5, 2015, through August 7, 2015, on a pre-planned vacation.
Consequently, counsel has not had sufficient time to prepare an
adequate State’s brief in this case.
THEREFORE, the State requests an extension of time to file its brief until
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September 24, 2015, in this case.
Respectfully submitted,
BRETT W. LIGON
District Attorney
Montgomery County, Texas
/s/ Jason Larman
JASON LARMAN
Assistant District Attorney
Montgomery County, Texas
S.B.T. No. 24072468
207 W. Phillips, Second Floor
Conroe, Texas 77301
(936) 539-7800
(936) 788-8395 (fax)
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing motion was
e-mailed to Ms. Heather Hall, attorney for the appellant on the date of the filing of
the original with the Clerk of this Court.
/s/ Jason Larman
JASON LARMAN
Assistant District Attorney
Montgomery County, Texas
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