Jose Alfredo Dominguez v. State ( 2015 )

ACCEPTED
14-14-00652-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
6/2/2015 1:26:31 PM
CHRISTOPHER PRINE
CLERK
No. 14-14-00652-CR
In the
Court of Appeals FILED IN
For the 14th COURT OF APPEALS
HOUSTON, TEXAS
Fourteenth District of Texas 6/2/2015 1:26:31 PM
At Houston CHRISTOPHER A. PRINE
 Clerk
No. 1434552
In the 178th District Court
Of Harris County, Texas

JOSE ALFREDO DOMINGUEZ
Appellant
V.
THE STATE OF TEXAS
Appellee

STATE’S FINAL 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 capital murder by intentionally
causing the death of Ercile Johnson during the course of a burglary, and
the jury found the appellant guilty (CR – 6, 82; 6 RR 35). The trial court
sentenced him in accordance with the jury’s verdict to life in prison
without parole in the Texas Department of Criminal Justice,
Institutional Division (CR – 83-84; 6 RR 36). The appellant filed a timely
notice of appeal, and the trial court certified that he had the right to
appeal (CR – 86-88). After two extensions the State’s brief is due on June
5, 2015. The State seeks an additional and final extension of 30 days to
file its brief, until July 3, 2015. 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 48 megabytes in length split over 8
volumes and will take some time to process. The appellant brings
three points of error, one of which is ineffective assistance alleging
six separate ways counsel was deficient. The undersigned attorney
has completed review of the record and is now in the process of
addressing the appellant’s complaints.
b. During the previous two months, while reading the record in this
case, the undersigned attorney filed 5 other appellate briefs.
c. As part of her duties as an appellate team member to the
misdemeanor courts, the undersigned attorney completed 29
research projects for trial lawyers assigned to her in the last two
months, including assisting trial court prosecutor prepare for
Motion for New Trial hearing in The State of Texas v. Charles Trahan,
1974704, the results of which the State has filed notice of appeal.
d. Last month, the undersigned attorney was unable to access her
office due to the severe flooding of Houston that occurred after
Memorial Day weekend. The Harris County Criminal Justice
Center was closed May 26-27, 2015.
e. Last month, the undersigned attorney attended a previously
scheduled CLE by UT Law CLE: The Court of Criminal Appeals
Conference in Austin, Texas from May 27-29, 2015 to maintain her
State mandated CLE requirements.
f. The undersigned attorney was also involved in completing the
following written appellate projects since the appellant filed his
brief:
(1) William Delacruz v. The State of Texas
No. 01-14-00606-CR
Brief filed March 9, 2015
(2) Eladio Castro Najera v. The State of Texas
No. 14-14-00400-CR
Brief filed March 19, 2015
(3) James Jones v. The State of Texas
No. 14-14-00404-CR
Brief filed April 24, 2015
(4) Randy Segura v. The State of Texas
No. 01-14-00955-CR
Brief filed April 9, 2015
(5) Jeremy Dugar v. The State of Texas
No. 14-14-00245-CR
 Conviction reversed on April 9, 2015
 Unexpected response to appellant’s bail request
filed on April 24, 2015
 Unexpected Petition for Discretionary Review filed
May 9, 2015.
(6) Odel Roderick Allen v. The State of Texas
No. 14-14-00708-CR
Brief filed May 11, 2015
(7) The State of Texas v. Charles Trahan
County Court At Law No. 4
1974704
 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
(8) Albert Nieves v. The State of Texas
No. 01-14-00294-CR
Brief filed May 29, 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 undersigned attorney requests a final extension of 30
days to complete briefing on this case and believes it will be
completed by July 3, 2015. 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 30 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:
Nicole DeBorde
712 Main Street, Suite 2400
Houston, TX 77002
713-228-8500
Nicole@BSDLawFirm.Com
/s/ 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: June 2, 2015