Joe J Gracia v. State ( 2015 )

ACCEPTED 14-15-00147-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 10/20/2015 3:42:16 PM CHRISTOPHER PRINE CLERK 14-15-00106-CR & 14-15-00147-CR In the Court of Appeals FILED IN For the 14th COURT OF APPEALS HOUSTON, TEXAS Fourteenth District of Texas 10/20/2015 3:42:16 PM At Houston CHRISTOPHER A. PRINE  Clerk No. 1434158 In the 177th District Court of Harris County, Texas  JOE GARCIA 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, 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 these cases, and, in support thereof, presents the following: 1. In the 177th district court of Harris County, Texas, cause number 1434158, the State of Texas v. Joe Garcia, appellant, was convicted of possession of a controlled substance. 2. He was assessed punishment of confinement for 4 years in the Institutional Division of the Texas Department of Criminal Justice. 3. The State’s brief was due on October 19, 2015. 4. An extension of time in which to file the State’s brief is requested until October 19, 2015. 5. One previous extension has been requested by the State. 6. The facts relied upon to explain the need for this extension are: Since my last motion for extension, I have filed a brief in cause number 01-14-00966-CR, and will be filing a brief in cause 01-15-00272-CR this week. Additionally, I answer trial court questions from other prosecutors on a daily basis. This motion is not sought for delay, but so that justice may be done. WHEREFORE, the State prays that this Court will grant an extension of time until November 20, 2015 in which to file the State’s brief in this case. Respectfully submitted, /s/ Abbie Miles Abbie Miles Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 274-5826 TBC No. 24072240 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument has been mailed to the appellant’s attorney at the following address on October 20, 2015: Nicolette Westbrooks 3200 Southwest Freeway, Suite 3300 Houston, TX 77027 /s/ Abbie Miles Abbie Miles Assistant District Attorney Harris County, Texas Date: October 20, 2015