Joe Eddie Alejandro v. State ( 2015 )

ACCEPTED
01-15-00032-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/24/2015 5:26:06 PM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 01-15-00032-CR
CAUSE NO. 01-15-00033-CR
FILED IN
JOE EDDIE ALEJANDRO § 1st COURT
IN THE COURT OF OF APPEALS
APPEALS FOR
HOUSTON, TEXAS
§
7/24/2015 5:26:06 PM
V. § THE FIRST JUDICIAL DISTRICT,
CHRISTOPHER A. PRINE
§ Clerk
THE STATE OF TEXAS § AT HOUSTON, TEXAS
____________________________________________________
STATE’S MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
____________________________________________________
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW the State of Texas, by the undersigned assistant district
attorney, and moves the Court for an extension of time to file its appellate brief in the
above-captioned cases. The State would respectfully show the Court the following:
1. On November 6, 2014, the appellant was convicted of the offense of
aggravated sexual assault of a child (Ct. II), and indecency with a child by sexual
contact (Ct. III), and his punishment was assessed in Count II at imprisonment for
thirty years, and in Count III at imprisonment for ten years.
2. The appellant’s brief was filed in this Court on June 24, 2015.
3. The State’s brief is presently due to be filed in this Court on July 24, 2015.
4. The State has not previously requested an extension of time to file its brief.
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5. The State hereby requests a 30-day extension of time to file its brief, until
August 24, 2015.
6. Good cause exists for the requested extension of time, for the following
reasons:
In the past 30 days, the undersigned counsel for the State has
been required to prepare the State’s appellant brief in Ramon Aguilar,
Jr. v. The State of Texas, Case No. 09-13-00573-CR, the State’s answer
to application for writ of habeas corpus, and proposed findings of fact
and conclusions of law in Ex parte Bruilo Rudio Mendoza, Case No.
12-07-07741-CR-(1), the State’s answer to application for writ of
habeas corpus, and proposed findings of fact and conclusions of law in
Ex parte Kevin Arthur Larson, Case No. 12-10-11018-CR-(1), the
State’s motion to forward the application for post-conviction writ of
habeas corpus, and proposed findings of fact and conclusions of law in
Ex parte Terry Wilkerson, Case No. 06-09-09388-CR-(1), the State’s
answer to application for writ of habeas corpus, and proposed findings
of fact and conclusions of law in Ex parte Thomas Lee Evans, Case No.
19180-(1), the State’s proposed designation of issues in Ex parte Gene
Buentello, Case No. 14-01-00113-CR-(1), the State’s proposed
designation of issues in Ex parte Gabriel Silva, Case No.
11-06-06274-CR-(1), and the State’s proposed designation of issues in
Ex parte Willie D. Hubbard, Jr., Case No. 13-03-03070-CR-(1), and
the State’s proposed designation of issues in Ex parte Michael Scott,
Case No. 10-03-02964-CR-(1).
In addition, undersigned counsel is assigned to serve as the
prosecutor on Montgomery County’s misdemeanor expunction and
nondisclosure cases, and has been required to attend to numerous
hearings and other duties pursuant to those assignments, and is also
assigned to serve as the prosecutor on Montgomery County’s mental
health cases, and has been required to attend to duties pursuant to that
assignment.
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Further, the undersigned counsel was out of the office from July
14, 2015, through July 21, 2015, on a pre-planned vacation.
Consequently, counsel has not had sufficient time to prepare an
adequate State’s brief in this case.
THEREFORE, the State requests an extension of time to file its brief until
August 24, 2015, in this case.
Respectfully submitted,
BRETT W. LIGON
District Attorney
Montgomery County, Texas
/s/ Jason Larman
JASON LARMAN
Assistant District Attorney
Montgomery County, Texas
S.B.T. No. 24072468
207 W. Phillips, Second Floor
Conroe, Texas 77301
(936) 539-7800
(936) 788-8395 (fax)
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing motion was
e-mailed to Ms. Heather Hall, attorney for the appellant on the date of the filing of
the original with the Clerk of this Court.
/s/ Jason Larman
JASON LARMAN
Assistant District Attorney
Montgomery County, Texas
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