ACCEPTED
01-15-00506-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/10/2015 9:30:18 AM
CHRISTOPHER PRINE
CLERK
NO. Ol-lS-OOSOl-CR & Ol-lS-OOS06-CR
MARCOS DANIEL JIMENEZ, FILED IN
IN THE COURT OF APPEALS
1st COURT OF APPEALS
APPELLANT HOUSTON, TEXAS
11/10/2015 9:30:18 AM
V. FIRST SUPREME JUDICIAL
CHRISTOPHER A. PRINE
DISTRICT Clerk
THE STATE OF TEXAS,
APPEllEE HOUSTON, TEXAS
MOTION FOR EXTENSION OF TIME TO
FH.E STATE'S RESPONSE BRIEF
TO THE HONORABLE COURT OF APPEALS:
Now comes Jack Roady, Criminal District Attorney of Galveston County, Texas,
pursuant to Rule 10.5(b), Texas Rules of Appellate Procedure, and moves for an
extension of time in which to file the State's Brief and would respectfully show the
Court of Appeals as follows:
1. The appellant was convicted on 2 cases of AGGRAVATED ROBBERY, and was
sentenced on April 30, 2015. The trial case was styled as State of Texas v. Marcos
DanielJimmez in the lO'h Judicial District Court of Galveston County, Texas, Cause
Nos. 13-CR-1173 & 13-CR-1517. Appellant filed timely Notice of Appeal. The
Appellant'S brief was filed with this Court on 10/13/2015.
2. The present due date for filing the State's brief is 11/12/2015.
3. This is the State's first motion for extension of time to file its brief.
4. The State requests an extension to file its brief on or before 1/12/2016.
5. The State requests this extension not for delay but because during the last forty-five
days, the undersigned attorney for the State:
t
• Completed a reply brief on a lengthy trial in HeJ/ry Tobar v. State, 14-15-
00011-CR& 14-15-00012-CRon 9/29/2015.
• Was out of state for 8 days.
• Is solely responsible for all Post-Conviction Writs of Habeas Corpus for
Galveston County and completed 6 post-conviction writ answers on case
numbers: 10-CR-2737-83-1 & 11-CR-1029-83-1 (Willie Joh1lso1l); 12-CR-1305-
83-1 (Lewi1l Beard); 10-CR-1215-83-2 (Walter Earl Tqyloi); 10-CR-3689-83-1
(Patrick Campbe/~; 08-CR-1456-83-2 (Bobl?J JOlles); 11-CR-3162-83-1 (Lethallie!
McCartei).
6. The State must also complete its response brief to Jose Pablo l.JJpez v. Stale, 01-15-
00055-CR, due on 11/19/2015.
7. The State must also complete its response brief to Gary LIvem IfJ'molt'v. State, 01-
15-00303-CR, due on 12/1/2015.
8. The State must also complete its response brief to David lVtiZ v. Siale, 14-15-00285-
CR, due on 12/2/2015.
9. The State must also complete its response brief to RochawlI Ray Davis v. Slale,01-15-
00012-CR, due on 12/29/2015.
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests
that this Court of Appeals extend the time to @e the State's brief until January 12, 2016.
Respectfully submitted,
JACK ROADY
CRIMINAL DISTRICT ATTORNEY
GALVESTON COUNTY, TEXAS
lsI Rebecca Kiait'll
REBECCA KLAREN
Assistant Criminal District Attorney
600 59'h Street, Suite 1001
Galveston County, Texas 77551
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Tel.(409)766-2355. fax (409)766-2290
State Bar Number: 24046225
rebccca.klaren@co.galveston.tx.us
CERTIFICATE OF COMPLIANCE
The undersigned Attorney for the State certifies this brief is computer generated,
and consists of 338 words.
lsI IVbecca Klare/I
REBECCA KLAREN
Assistant Criminal District Attorney
Galveston County, Texas
CERTIFICATE OF SERVICE
The undersigned attorney for the State certifies that a copy of the above motion
was emailed/eFiledtoMarkW.Stevens.AttorneyforAppellant.at
markwandstcv@sbcglobal.nct on November 10, 2015.
lsi IVbecca Klare/I
REBECCA KLAREN
Assistant Criminal District Attorney
Galveston County, Texas
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AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF GALVESTON
Before me, the undersigned authority, on November 10,2015, appeared Rebecca
Klaren, who by me duly sworn did depose and state on oath the following:
"I, Rebecca Klaren, Attorney for the State of Texas, have read the
Motion for Extension of Time to File the State's Brief, and swear that the
information contained therein is true and correct."
REBECCA KLAREN
Assistant Criminal District Attorney
Galveston County, Texas
SWORN TO AND SUBSCRIBED before me on November 10, 2015.
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