Raul Constancio v. State ( 2014 )

ACCEPTED
07-14-00335-CR
SEVENTH COURT OF APPEALS
AMARILLO, TEXAS
12/29/2014 11:58:11 AM
Vivian Long, Clerk
IN THE SEVENTH DISTRICT COURT OF APPEALS
FOR THE STATE OF TEXAS
FILED IN
7th COURT OF APPEALS
RAUL CONSTANCIO § AMARILLO, TEXAS
12/29/2014 11:58:11 AM
VS. § NO. 07-14-00335-CR
VIVIAN LONG
CLERK
THE STATE OF TEXAS §
_________________________________________________________________
STATE'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF
_________________________________________________________________
TO THE HONORABLE COURT OF APPEALS:
The State of Texas, Appellee, moves the Court to extend the time for filing
the State's brief in the above numbered cause and in support shows the Court as
follows:
I.
The due date for filing the State's brief is December 31, 2014. Pursuant to
Rule 10.5(b) of the Rules of Appellate Procedure, the State respectfully requests a
thirty (30) day extension of time to file its response to Appellant's Brief.
II.
The State has requested no prior extension of time to file its brief.
III.
The State’s request for an extension of time to file its brief is based upon
several different matters. The undersigned attorney has filed one appellate brief
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within the past month (State of Texas v. Hayden Huse, PD-0433-14, filed December
17, 2014), as well as a supplemental brief (Sammy Vidales v. State of Texas, No. 07-
13-00286-CR, filed December 18, 2014) and a response to a Motion to Set Bail
(Jacinto Santos v. State of Texas, No. 07-14-00116-CR, filed December 22, 2014).
Additionally, the undersigned attorney was out of the office from December 23-28,
2014, and will be out of the office for the rest of this week (December 30, 2014-
January 4, 2015).
IV.
The extension in this cause is necessary for the State to have sufficient time
to properly evaluate the entire record, research all issues adequately, and prepare its
response to Appellant's Brief. It is not being requested for purposes of undue delay.
WHEREFORE, the State respectfully requests that the Court extend the time
for filing the State's brief in this cause until February 2, 2015.
Respectfully submitted,
MATTHEW D. POWELL
Criminal District Attorney
State Bar No. 00784782
By: /s/ Jeffrey S. Ford
Jeffrey S. Ford
Assistant Criminal District Attorney
Lubbock County, Texas
State Bar No. 24047280
P.O. Box 10536
Lubbock, Texas 79408
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(806) 775-1166
FAX (806) 775-7930
E-Mail: JFord@co.lubbock.tx.us
CERTIFICATE OF SERVICE
I certify that a true copy of the above and foregoing State’s Motion for
Extension of Time has been delivered to Allison Clayton, Attorney for Appellant,
by e-mail to Allison@AllisonClaytonLaw.com on December 29, 2014.
MATTHEW D. POWELL
Criminal District Attorney
State Bar No. 00784782
By: /s/ Jeffrey S. Ford
Jeffrey S. Ford
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