Griselda Aza v. State ( 2015 )


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  •                                                                                           ACCEPTED
    14-14-00241-CR
    FOURTEENTH COURT OF APPEALS
    HOUSTON, TEXAS
    5/29/2015 9:30:09 AM
    CHRISTOPHER PRINE
    CLERK
    No. 14-14-00241-CR
    No. 14-14-00242-CR
    In the                  FILED IN
    14th COURT OF APPEALS
    Court of Appeals          HOUSTON, TEXAS
    For the           5/29/2015 9:30:09 AM
    First District of Texas   CHRISTOPHER A. PRINE
    At Houston                   Clerk
    
    Nos. 1366175 and 1366176
    In the 174th District Court
    Of Harris County, Texas
    
    GRISELDA AZA
    Appellant
    V.
    THE STATE OF TEXAS
    Appellee
    
    STATE’S MOTION FOR FINAL 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 appellant was charged in cause number 1366175 with the
    intoxication manslaughter of Darlene Carter committed on October 28,
    2012 (CR5 – 17). She was also charged in cause number 1366176 with
    the intoxication manslaughter of Alphonse Jackson committed on that
    same day (CR6 – 16). She pled guilty to the charges without an agreed
    recommendation on punishment, and the trial court thereafter assessed
    punishment on February 21, 2014 at fifteen years in prison for each case
    (CR5 – 56) (CR5 – 52). The appellant filed notice of appeal the next
    week, and the trial court certified that she had waived her right to appeal
    (CR5 – 44, 59) (CR6 – 33, 55).
    2. The State’s brief was originally due on April 10, 2015, but this Court
    granted extensions until June 11, 2015. The State hereby requests a final
    30-day extension for the filing of the State’s brief.
    3. 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 120 megabytes in length split over
    ten files and is taking some time to process.
    b. Extensive rainfall during the last week of May 2014 caused the
    undersigned attorney’s office to close for two days during which
    the undersigned attorney was told to remain at home and therefore
    was unable to work on the brief in this case.
    c. The undersigned attorney was responsible for screening every bill
    filed in the Texas Legislature to determine its possible impact on
    the Harris County District Attorney’s Office, and this task has
    consumed a large amount of time since pre-filing started in the
    Texas Legislature in November 2014.
    d. The undersigned attorney researched and answered by email more
    than 140 legal questions of trial prosecutors since the appellant
    filed his brief. The undersigned attorney researched and answered
    even more such questions by phone during that time period. And
    the undersigned attorney had an oral argument during this period.
    e. The undersigned attorney is responsible for supervising six other
    appellate prosecutors, and has spent a substantial amount of time
    reviewing the briefs of those prosecutors, attending their oral
    arguments, and assisting in the preparation of both during that time
    period. The undersigned attorney has also been responsible for
    training a new appellate prosecutor, which requires more intense
    supervision and editing, and therefore, more of a time
    commitment.
    f. The undersigned attorney was required to present argument at the
    Texas Court of Criminal Appeals in Austin on May 20, 2015,
    which required several days of preparation, presentation, and
    travel.
    g. The undersigned attorney has had a family vacation planned from
    June 1 through June 11, 2015 since early in 2014. The
    undersigned counsel has made many non-refundable expenditures
    in an effort to secure favorable rates during the trip
    h. The undersigned attorney has been involved in completing the
    following written appellate projects since the appellant filed his
    brief:
    (1)      Kelvin O’Brien v. The State of Texas
    No. 01-14-00229-CR
    Brief filed March 30, 2015
    (2)      Antonio Perez v. The State of Texas
    No. 01-12-01001-CR
    Motion for rehearing filed March 31, 2015
    (3)      Brogan Melchior v. The State of Texas
    No. 14-14-00454-CR
    Brief to be filed April 13, 2015
    (4)      Elder Somoza v. The State of Texas
    No. 01-14-00716-CR
    Brief filed April 15, 2015
    (5)     In the Interest of B.D.S. v. The State of Texas
    No. 01-14-00762-CV
    Brief filed April 28, 2015
    (6)     Jose Vasquez v. The State of Texas
    No. PD-0078-15
    Brief on PDR filed May 12, 2015
    (7)     Antonio Perez v. The State of Texas
    No. 01-12-01001-CR
    PDR filed May 12, 2015
    (8)     Johnathan Castaneda v. The State of Texas
    No. 01-14-00389-CR
    No. 01-14-00390-CR
    Brief filed May 18, 2015
    WHEREFORE, the State prays that this Court will grant the requested extension.
    Respectfully submitted,
    /s/ Eric Kugler
    ERIC KUGLER
    Assistant District Attorney
    Harris County, Texas
    1201 Franklin, Suite 600
    Houston, Texas 77002-1923
    (713) 755-5826
    Kugler_eric@dao.hctx.net
    TBC No. 796910
    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, Texas 77002
    Bob.Wicoff@pdo.hctx.net
    /s/ Eric Kugler
    ERIC KUGLER
    Assistant District Attorney
    Harris County, Texas
    1201 Franklin, Suite 600
    Houston, Texas 77002-1923
    (713) 755-5826
    Date: May 29, 2015
    

Document Info

Docket Number: 14-14-00241-CR

Filed Date: 5/29/2015

Precedential Status: Precedential

Modified Date: 9/29/2016