Brandon Toderick Johnson v. State

ACCEPTED 01-15-00444-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 10/9/2015 2:42:50 PM CHRISTOPHER PRINE CLERK No. 1-15-00444-CR, 01-15-00445-CR, 01-15-00446-CR In the Court of Appeals FILED IN 1st COURT OF APPEALS For the HOUSTON, TEXAS First District of Texas 10/9/2015 2:42:50 PM At Houston CHRISTOPHER A. PRINE  Clerk No. 1378279, 1458347, 1458348 In 230th District Criminal Court Harris County, Texas  BRANDON TODERICK JOHNSON, Appellant V. THE STATE OF TEXAS Appellee  STATE’S 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 appellant was charged with three aggravated robberies (RR1 3). Appellant entered a plea of guilty to all three offenses (RR1 4). The jury found him guilty as charged and assessed punishment in each case at 40 years in the Institutional Division of the Texas Department of Criminal Justice (RR2 12). Appellant filed timely notice of appeal, and the court certified his right to appeal (CR-156, 158). 2. The State’s brief was due October 8, 2015. The State hereby requests an extension for the filing of the State’s brief until November 9, 2015. 3. The following facts are relied upon to show good cause for an extension of time to allow the State to file its brief: The State has been working on and has filed the following briefs in the last thirty days. Moreno v. State 1-15-00441-CR State’s Brief filed September 18, 2015 Trigo v. State 01-15-00382-CR State’s Brief filed September 24, 2015 Rodriguez v. State 1-15-00135-CR State’s Brief due September 30, 2015 Furthermore, the undersigned attorney has been assigned the following briefs in addition to the brief in this cause number. Uddin v. State 14-15-00082-CR State’s Brief due October 12, 2015 Briones v. State 01-14-00121-CR State’s Brief due October 15, 2015 Dunn v. State 14-15-00340-CR State’s Brief due October 26, 2015 4. This is the State’s first request for an extension of time to file its brief. WHEREFORE, the State prays that this Court will grant the requested extension. Respectfully submitted, /s/ Kimberly Stelter KIMBERLY STELTER Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 Stelter_Kimberly@dao.hctx.net TBC No. 19141400 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument will be served by efile.txcourts.gov to: Thomas Lewis Attorney at Law 1602 Washington Ave. Houston, TX 77007 /s/ Kimberly Stelter KIMBERLY STELTER Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 10/9/15