Erick Eduardo Hernandez v. State ( 2015 )

ACCEPTED
14-15-00209-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
9/18/2015 11:07:43 AM
CHRISTOPHER PRINE
CLERK
No. 14-15-00209-CR
In the FILED IN
14th COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
For the 9/18/2015 11:07:43 AM
Fourteenth District of Texas CHRISTOPHER A. PRINE
Clerk
At Houston

No. 1392161
In the 184th Criminal District Court
Of Harris County, Texas

ERICK EDUARDO HERNANDEZ
Appellant
V.
THE STATE OF TEXAS
Appellee

STATE’S MOTION FOR EXTENSION OF TIME
IN WHICH TO FILE APPELLATE BRIEF

TO THE HONORABLE COURT OF APPEALS OF TEXAS:
COMES NOW THE STATE OF TEXAS, appellee, in accordance with
Rules 10.5(b)(1) and 38.6(d) of the Texas Rules of Appellate Procedure, and files
this motion for extension of time in which to file the State’s brief in this case, and,
in support thereof, presents the following:
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1. In the 184th Criminal District Court of Harris County, Texas, in cause
number 1392161, the State charged appellant by indictment with capital
murder in The State of Texas v. Erick Eduardo Hernandez.
2. A jury found appellant guilty of the lesser-included-offense of murder and
assessed appellant’s punishment at confinement in the Texas Department of
Criminal Justice, Correctional Institutions Division, for life.
3. The trial court sentenced appellant in accordance with the jury’s verdict on
February 20, 2015, and also entered an affirmative deadly weapon finding in
the court’s written judgment of conviction and sentence.
4. Appellant timely filed written notice of appeal on February 20, 2015.
5. Appellant filed his appellate brief with this Court on August 19, 2015.
6. The State’s appellate brief is due on September 18, 2015.
7. This is the State’s first request for an extension.
8. The State requests that this Court extend the timeframe for the State to file
its appellate brief to October 19, 2015.
9. The facts relied upon to explain the need for this extension are:
a. During the time in which the undersigned attorney will be researching
and preparing the State’s appellate brief for this case, she will also be
researching and preparing the State’s appellate briefs in the following
cases that are also assigned to her:
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i. James Agbeze v. State of Texas; No. 14-15-00474-CR
ii. Geraline Gregory Lincoln v. State of Texas; Nos. 14-14-00957-
CR, 14-14-00959-CR
iii. Joe Lee Bowden v. State of Texas; No. 14-14-00955-CR
iv. Anthony D. Alford v. State of Texas; No. 14-15-00360-CR
v. Juan Mendoza v. State of Texas; No. 14-15-00537-CR
10. 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.
11. 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 the State an
extension of time, until October 19, 2015, for the undersigned attorney to
complete and file the State’s appellate brief in this case.
Respectfully submitted,
/S/ Melissa Hervey
MELISSA P. HERVEY
Assistant District Attorney
Harris County, Texas
State Bar No. 24053741
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1201 Franklin Street, Suite 600
Houston, Texas 77002
Telephone (713) 755-5826
Fax (713) 755-5809
Hervey_Melissa@dao.hctx.net
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing instrument has
been served upon Angela Cameron, appellant’s attorney of record on appeal, on
September 18, 2015, at the following e-mail address, through the electronic
service system provided by eFile.TXCourts.gov:
Angela.Cameron@pdo.hctx.net
/S/ Melissa Hervey
MELISSA P. HERVEY
Assistant District Attorney
Harris County, Texas
State Bar Number: 24053741
1201 Franklin Street, Suite 600
Houston, Texas 77002
Telephone (713) 755-5826
Fax (713) 755-5809
Hervey_Melissa@dao.hctx.net
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