Irvin Notias v. State ( 2015 )

ACCEPTED
01-15-00636-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/11/2015 5:55:33 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00636-CR
In the FILED IN
1st COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
for the 12/11/2015 5:55:33 PM
First District of Texas CHRISTOPHER A. PRINE
Clerk
At Houston

No. 1409330
In the 232nd District Court
Of Harris County, Texas

IRVIN NOTIAS
Appellant
v.
THE STATE OF TEXAS
Appellee

STATE’S SECOND MOTION FOR EXTENSION OF TIME
IN WHICH TO FILE AN 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 an extension of time in which to file the State’s Brief in this cause, and,
in support thereof, presents the following:
1. On June 30, 2015, appellant was convicted by a jury of aggravated robbery
with a deadly weapon and sentenced to 40 years in the Institutional Division
of the Texas Department of Criminal Justice.
2. Appellant filed a timely written notice of appeal.
3. The State’s Brief is due on December 14, 2015.
4. An extension of time in which to file the State’s Brief is requested until
January 13, 2015.
5. The following facts are relied upon to show good cause for the requested
extension:
i. The undersigned attorney has been engaged in the preparation
of the State’s Brief in Cause No. 14-14-01024-CR, Darrell
King Jefferson, Appellant v. The State of Texas, Appellee,
which was filed on November 17, 2015.
ii. The undersigned attorney has been engaged in the preparation
of the State’s Brief in Cause No. 14-15-00432-CR, Amos
Sifuentes, Appellant v. The State of Texas, Appellee, which was
filed on December 11, 2015.
iii. The undersigned attorney will be out of town from December
12, 2015 through December 19, 2015.
WHEREFORE, the State prays that this Court will grant an additional
extension of time until January 13, 2015 in which to file the State’s Brief in this
cause.
Respectfully submitted,
/s/ Heather A. Hudson
HEATHER A. HUDSON
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
State Bar No. 24058991
hudson_heather@dao.hctx.net
curry_alan@dao.hctx.net
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument has been submitted
for service by e-filing to the following address:
Joseph W. Varela
2500 East T.C. Jester Blvd.
Suite 247
Houston, Texas 77008
(713) 957-0440
jwvarela@gmail.com
/s/ Heather A. Hudson
HEATHER A. HUDSON
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
State Bar No. 24058991
Date: December 11, 2015