Florencio Leal v. State

ACCEPTED 01-14-00972-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 10/30/2015 12:49:35 PM CHRISTOPHER PRINE CLERK No. 01-14-00970-CR In the FILED IN 1st COURT OF APPEALS Court of Appeals HOUSTON, TEXAS For the 10/30/2015 12:49:35 PM CHRISTOPHER A. PRINE First District of Texas Clerk At Houston ♦ No. 127139 th In the 209 Criminal District Court Of Harris County, Texas ♦ FLORENCIO LEAL Appellant V. THE STATE OF TEXAS Appellee ♦ STATE’S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE APPELLATE BRIEF ♦ TO THE HONORABLE COURT OF APPEALS: THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 10.1, 10.5(b) & 38.6(d), moves for an extension of time within which to file its appellate brief. In support of its motion, the State submits the following: 1. Appellant was charged with capital murder. 2. Appellant entered a plea of “not guilty.” 3. A jury found appellant guilty as charged and he was automatically sentenced to confinement for life. 4. Appellant filed a written notice of appeal on November 19, 2014. 5. Appellant’s brief was filed August 13, 2015. 6. The State’s brief was due September 14, 2015. 7. The State seeks an extension until today, October 30, 2015, to file its brief. 8. The following facts are relied upon to show good cause for the requested extension: a. The undersigned attorney has filed 3 briefs in the last 30 days and has 5 more briefs due in the next 30 days. b. 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 September 30, 2015. Respectfully submitted, /s/ Bridget Holloway BRIDGET HOLLOWAY Assistant District Attorney Harris County, Texas Harris County Criminal Justice Center 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 Texas Bar No. 24025227 holloway_bridget@dao.hctx.net CERTIFICATE OF SERVICE This certifies the undersigned attorney requested that a copy of this document be served to appellant’s attorneys via TexFile at the following email on October 30, 2015: Nicole DeBorde Defense Attorney Email: nicole@bsdlawfirm.com /s/ Bridget Holloway BRIDGET HOLLOWAY Assistant District Attorney Harris County, Texas Harris County Criminal Justice Center 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 Texas Bar No. 24025227 holloway_bridget@dao.hctx.net