Ralph Garcia, Jr. v. State ( 2015 )

ACCEPTED
01-14-00954-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/24/2015 10:12:34 AM
CHRISTOPHER PRINE
CLERK
NO.Ol-14-00954-CR
RALPH GARCIA, JR., IN THE COURT OF APPEALS
FILED IN
APPEllANT 1st COURT OF APPEALS
HOUSTON, TEXAS
7/24/2015 10:12:34 AM
v. FIRST SUPREME JUDICIAL
CHRISTOPHER A. PRINE
DISTRICT Clerk
THE STATE OF TEXAS,
APPELLEE HOUSTON, TEXAS
MOTION FOR EXTENSION OF TIME TO
FILE 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 of MURDER, and was sentenced on 10/22/2014.
The trial case was styled as State of Texas v. Rolph Garcia, Jr., in the 405 th Judicial
District Court of Galveston County, Texas, Cause No. 12-CR-2430. Appellant
filed timely Notice of Appeal. The Appellant's brief was filed with this Court on
6/24/2015.
2. The present due date for filing the State's brief is 7/24/2015.
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 9/24/2015.
5. The State requests this extension not for delay but because during the last seventy-
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five days, the undersigned attorney for the State:
• Completed a State's supplemental brief in JOllathall Leal v. State, 14-13-
00208-CR on May 22, 2015.
• Attended the 2015 Robert O. Dawson Conference on Criminal
Appeals CLE in Austin from May 27 to May 29, 2015.
• Completed a State's response brief in Lzmar H'II/ter v. State, 01-14-
00895-CR, on 7/7/2015.
• Handled 46 expunctions and nondisclosures, and
misidentification expunctions.
• Completed 3 post-conviction writ answers on case numbers: 11-
CR-0345-83-1 (Mario Meza); 00-CR-1444-83-1 (Eldred Rtid); 12-CR-
3307-83-1 (Thaddms Williams).
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests
that this Court of Appeals extend the time to file the State's brief until September 24,
2015.
Respectfully submitted,
JACK ROADY
CRIMIN DISTRICT ATTORNEY
GAL TON COUN , TEXAS
,vJV\j /LINDBLADE
As' nt Criminal District Attorney
600 59 th Street, Suite 1001
Galveston County, Texas 77551
Tel.(409)766-2355, fax (409)766-2290
State Bar Number: 24062850
allison.lindblade@co.galveston.tx.us
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CERTIFICATE OF COMPLIANCE
The undersigned Attorney for the State certifies this brief is computer generated,
and consists of 260 words.
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 faxed/ emailed/ eFiled / or mailed to Joseph Salhab, Attorney for Appellant, at
joscphsalhab@mindspring.com or 2028 Buffalo Terrace, Houston, TX 77019, on July
24,2015.
``\JN LINDBLADE
As istant Criminal District Attorney
Galveston County, Texas
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AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF GALVESTON
Before me, the undersigned authority, on July 24, 2015, appeared Allison
Lindblade, who by me duly sworn did depose and state on oath the following:
"I, Allison Lindblade, Attorney for the State of Texas, have read
the Motion for Extension of Time to File the State's Brief, and swear that
the infonnation contained therein is true and correct."
1\ t Criminal District Attorney
Galveston County, Texas
SWORN TO AND SUBSCRIBED before me onJuly 24, 2015.
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§``>J: ``'. HEATHER GRUBEN
i~:,~·t'i NOlarv Public. Stote 01 Texas
\~.~-'~"/~ MV Commission Expires
"':':,;*~;:'$:-~ May 06, 2019 NOTARY PUBLIC in and for
the State of Texas
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