in the Matter of Approximately $80,600.00 ( 2015 )

ACCEPTED
00
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/5/2015 9:38:33 AM
CHRISTOPHER PRINE
CLERK
NO. 01-14-00424-CV
IN THE COURT OF APPEALS FILED IN
1st COURT OF APPEALS
FIRST COURT OF APPEALS DISTRICT HOUSTON, TEXAS
HOUSTON DIVISION 1/5/2015 9:38:33 AM
CHRISTOPHER A. PRINE
Clerk
IN THE MATTER OF $80,600.00
v.
STATE OF TEXAS
Appeal from the 351st Judicial District Court
Harris County, Texas
Honorable Mark Kent Ellis, Judge Presiding
APPELLANT’S RESPONSE IN OPPOSITION
TO MOTION FOR EXTENSION
LAW OFFICE OF REGINA BACON CRISWELL
Carriage Place
7803 Bent Briar
San Antonio, Texas 78250
TELEPHONE: (210) 775-1155
FACSIMILE: (210) 251-2071
COUNSEL FOR APPELLANT
TO THE HONORABLE JUSTICES OF THE COURT:
Now comes Appellant, and files this Response to the State’s Third Motion for
Extension of Time to File Brief and respectfully show the court as follows:
The State has requested three extensions of time to file its brief; the court
granted the first two motions with no further extensions. On December 31, 2014,
the day the State’s brief was due, it filed a third motion for extension on essentially
the same ground as its second motion; the attorney assigned to the case is busy
working on other appeals. In fact, despite notice that no further extensions would
be permitted, the State’s motion reflects the attorney for the state has not even
begun work on a responsive brief and requests yet another 30 day extension.
The State’s third requested extension is not for good cause and fails to comply
with TRAP 10.1(a)(5) and 10.5(b) because 1) the State made no attempt to confer
and its motion includes no certificate of conference and 2) the motion fails to state
that the State was previously granted two prior extensions to file its brief.
Moreover, the State had notice that its second motion was granted without further
extensions, yet waited until the extended deadline to file yet another motion
requesting another extension.
The legislative intent of the extremely severe time limitations to perfect an
appeal under §47.12 Tex. Code of Crim. Proc. is to ensure the rapid return of the
seized property to its owner, and to guarantee quick and efficient case processing.
See State v. White, 930 S.W.2d 673, n.2 (Tex.App.-Waco 1996). Appellant
objects to the State’s third request for extension of time to file its brief; this court
should deny the motion and find the Appellant’s issues are unopposed.
WHEREFORE, Appellant prays the State’s third request for extension until
January 30, 2015 be denied.
Respectfully submitted this the 5th day of January, 2015.
Regina Bacon Criswell
Attorney and Counselor at Law
Carriage Place
7803 Bent Briar
San Antonio, Texas 78250
By: /S/Regina Bacon Criswell
SBN: 01496580
(210) 775-1155 (ofc)
(210) 251-2071 (fax)
Attorney for Petitioner
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and forgoing will
be served in accordance with the Texas Rules of Appellate Procedure on the
persons listed below in the manner indicated.
Dan McCrory Via E-File/E-mail
Assistant District Attorney
Harris County, Texas
/S/Regina Bacon Criswell
REGINA B. CRISWELL