Yvette Minnie Ibarra v. State ( 2014 )

ACCEPTED
14-14-00471-CR
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
12/29/2014 7:34:43 AM
CHRISTOPHER PRINE
CLERK
No. 14-14-00471-CR
In the FILED IN
Court of Appeals 14th COURT OF APPEALS
HOUSTON, TEXAS
For the
12/29/2014 7:34:43 AM
Fourteenth District of Texas CHRISTOPHER A. PRINE
At Houston Clerk
No. 1385877
In the 263rd District Court
Of Harris County, Texas
YVETT MINNIE IBARRA
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 this case, and, in support thereof, presents the
following:
1. In the 263rd District Court of Harris County, Texas, in cause number 1385877,
The State of Texas v. Yvette Minnie Ibarra, Appellant plead guilty to aggravate
assault of a family member, and was placed on a five year deferred adjudication on
May 28, 2013.
2. A motion to adjudicate was filed on March 18, 2014.
3. A hearing on the motion to adjudicate was conducted on May 8, 2014, and
Appellant was adjudicated guilty and sentenced to three years in the Texas
Department of Criminal Justice, Correctional Institutions Division.
4. A written notice of appeal was timely filed on May 8, 2014.
5. The State’s brief was due on December 22, 2014.
6. An extension of time in which to file the State’s brief is requested until December
31, 2014.
7. Three previous extensions of time have been requested by the State.
8. The facts relied upon to explain the need for this extension are:
The State’s Assistant District Attorney on appeal was originally assigned this
appeal on October 7, 2014, and had three previously assigned briefs to
complete prior to beginning work on this brief. The State’s Assistant District
Attorney on appeal is finalizing the brief for submission on Ibarra v. State, 14-
14-00471-CR. In the last month the State’s Assistant District Attorney on
appeal has submitted a brief in Casiano v. State, 01-14-00020-CR, attended to
required duties as the Harris County District Attorney’s Office representative
on the Harris County Veterans’ Court Program, and been called out of state
for 5 days of required U.S. Navy Reserve duty. The State’s Assistant District
Attorney on appeal has been recalled to active duty from December 26, 2014
through January 4, 2015, which has delayed progress on this appeal.
Additional time is required in order to complete the editing process in this
case.
WHEREFORE, the State prays that this Court will grant an extension of time until
December 31, 2014 in which to file the State’s brief in this case.
Respectfully submitted,
SETH GAGLIARDI
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
TBC No. 24073207
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing instrument has been emailed to the
attorney for the Appellant on December 29, 2014:
Sharon E. Slopis
P.O. Box 980803
Houston, TX 77098
Phone: (713) 529-0771
Email: seslopis@yahoo.com
SETH GAGLIARDI
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-5826
TBC No. 24073207
Date: December 29, 2014