Melerie Villalobos v. State ( 2018 )

ACCEPTED 08-17-00184-CR 08-17-00184-CR EIGHTH COURT OF APPEALS EL PASO, TEXAS 5/21/2018 5:34 PM DENISE PACHECO CLERK No. 08-17-00184-CR IN THE FILED IN 8th COURT OF APPEALS COURT OF APPEALS EL PASO, TEXAS EIGHTH DISTRICT OF TEXAS 5/21/2018 5:34:06 PM DENISE PACHECO Clerk MELERIE VILLALOBOS APPELLANT V. THE STATE OF TEXAS APPELLEE STATE’S SECOND MOTION FOR AN EXTENSION OF TIME TO FILE THE STATE’S BRIEF TO THE COURT OF APPEALS, EIGHTH DISTRICT OF TEXAS: COMES NOW, the State of Texas in the above styled and numbered cause, pursuant to Rule 10.5(b) and Rule 38.6(d) of the Texas Rules of Appellate Procedure, and requests an extension of time in which to file the State’s brief, and would show the Court as follows: 1. Appellant was convicted of driving while intoxicated in County Criminal Court at Law No. 2 of El Paso County, Texas in a case styled, The State of Texas v. Melerie Villalobos, cause number 20150C00038. 2. The State’s brief is currently due to be filed on May 21, 2018. 3. This extension is requested for 30 days until June 19, 2018. 4. One motion for extension of time to file the State’s brief has been previously requested by the State and granted by this Court. 5. The undersigned attorney for the State has been unable to complete the State’s brief in a timely manner during the briefing period and requests this extension due to the following factors: (a) Since the filing of the State’s first extension request, the undersigned completed and filed in this Court the State’s briefs in the following cases: Chadi Azzam v. The State of Texas, Cause Number 08-17-00137-CR, filed May 1, 2018. Christopher Napier v. The State of Texas, Cause Number 08-18-00050-CR, filed May 2, 2018 (letter brief on issue of dismissal). (b) Since the filing of the State’s first extension request, the undersigned prepared for and presented oral argument to this Court in the following case: Steven Scott Apilado v. The State of Texas, Cause Number 08-16-00358-CR, argued May 10, 2018. (c) The undersigned is also responsible for preparing and filing in this Court the State’s briefs in the following cases: Melerie Villalobos v. The State of Texas, Cause Number 08-17-00184-CR, due May 20, 2018 (1st extension). (d) As the Appellate Division Chief of the 34th Judicial District Attorney’s Office, the undersigned must devote much of his time on a daily basis to assisting the trial-division prosecutors with issues that arise in their cases before the District and County Courts, including (among many other things) providing legal research on emergency issues that arise during trial. The undersigned also has many appellate-division and office-wide administrative duties that require much of his time on a daily basis. PRAYER WHEREFORE, the State prays that its extension request will be granted until June 19, 2018. Respectfully submitted, JAIME ESPARZA DISTRICT ATTORNEY 34th JUDICIAL DISTRICT /s/ Tom A. Darnold TOM A. DARNOLD ASST. DISTRICT ATTORNEY EL PASO COUNTY COURTHOUSE 500 E. SAN ANTONIO EL PASO, TEXAS 79901 (915) 546-2059 ext. 3070 FAX (915) 533-5520 E-MAIL: tdarnold@epcounty.com SBN 00787327 ATTORNEYS FOR THE STATE CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the above motion was sent by e-mail by utilizing the E-serve system on May 21, 2018, to appellant’s attorneys: Todd D. Morten, at tmorten@epcounty.com; and A. Marcelo Rivera, at arivera@epcounty.com. /s/ Tom A. Darnold TOM A. DARNOLD