Gerardo Tapia-Lopez v. State ( 2015 )

ACCEPTED
01-14-01016-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/8/2015 1:58:23 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-01016-CR
In the
Court of Appeals FILED IN
For the 1st COURT OF APPEALS
HOUSTON, TEXAS
First District of Texas 7/8/2015 1:58:23 PM
At Houston CHRISTOPHER A. PRINE
 Clerk
No. 1399329
In the 177th District Court
Of Harris County, Texas

GERARDO TAPIA-LOPEZ
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 State charged the appellant with possessing methamphetamine
with the intent to deliver in an amount of at least 400 grams, and the
jury found the appellant guilty (CR – 7, 218; 4 RR 246). The jury
assessed punishment at 23 years confinement in the Institutional
Division of the Texas Department of Criminal Justice and a $1.00 fine
(CR – 224-26; 5 RR 28-29). The trial court sentenced the appellant in
accordance with the jury’s verdict (CR – 224-26; 5 RR 28-30). The
appellant filed a timely notice of appeal, and the trial court certified
that he had the right to appeal (CR – 228-30). The State’s brief was
due on July 8, 2015. This is the State’s first request for an extension.
The following facts are relied upon to show good cause for an
extension of time to allow the State to file its brief:
a. The record in this case is over 16 megabytes in length split over
seven volumes and will take some time to process.
b. This brief was not assigned to the undersigned attorney until June
8, 2015.
c. The undersigned attorney was involved in completing the
following written appellate projects since the appellant filed his
brief:
(1) Odel Roderick Allen v. The State of Texas
No. 14-14-00708-CR
Brief Filed May 11, 2015
 Prepared Proposed Findings of Facts and
Conclusions of Law, filed June 15, 2015
(2) Jose Dominguez v. The State of Texas
No. 14-14-00652-CR
Brief filed June 18, 2015
(3) Jose Ramos v. The State of Texas
No. 01-14-00910-CR
Brief Filed June 25, 2015
(4) Jeremy Howard v. The State of Texas
No. 01-14-00911-CR
Brief Due July 1, 2015, ext. July 31, 2015
(5) The State of Texas v. Charles Trahan
No. 14-15-00472-CR
Brief Filed July 6, 2015
 Assisted trial prosecutor in Motion for New Trial
 Preparing for State’s appeal
 Filed Notice of Appeal May 11, 2015
 Assigned to the Fourteenth Court of Appeals on
May 20, 2015
 Record filed June 22, 2015
(6) Rafael Avellaneda v. The State of Texas
No. 14-14-00509-CR
Brief Due July 17, 2015
(7) Alfonson Malone v. The State of Texas
No. 01-14-00054-CR
Abated June 30, 2015 to locate State’s Exhibit 1
Set for a hearing in the trial court on July 17, 2015
Consequently, the undersigned attorney has been unable to
complete the State’s reply brief in this case in the time permitted
despite due diligence, and the requested extension of time is
necessary to permit the undersigned attorney to adequately
investigate, complete, and file the State’s appellate brief for this
cause. 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 a thirty day extension of
time for the undersigned attorney to complete and file the State’s appellate brief in
this case.
Respectfully submitted,
/s/ Katie Davis
KATIE DAVIS
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
Davis_Katie@dao.hctx.net
TBC No. 24070242
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument will be served by
efile.txcourts.gov to:
Bob Wicoff
Assistant Public Defender
Harris County, Texas
1201 Franklin, 13th Floor
Houston, TX 77002
(713) 368-0016
Bob.Wicoff@pdo.hctx.net
/s/ Katie Davis
KATIE DAVIS
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
Davis_Katie@dao.hctx.net
TBC No. 24070242
Date: July 8, 2015